providing solutions to
OPTIMUS is an independent consultancy established by financial services professionals to provide tailored solutions and consultancy services to a variety of financial services businesses.
1. Scope of Agreement
This agreement ("Agreement") governs your use of The OPTIMUS Group website ("Website").
This Website is designed to be accessed through its principal home page(s) and such other pages as we may decide. If you access the Website through individual pages directly, which are not designed for this purpose, you may not see important information that is relevant to the information made available on individual pages. Such important information will contain important details and relevant legal or regulatory information and should be read in conjunction with all corresponding Website pages.
This Website contains information regarding the products and services provided by the Guernsey entities or operations within the Group. Particulars regarding each of the Guernsey entities or operations and their respective licenses are set out in clause 14 of this Agreement. The products and services described on this Website are capable of being offered by any one or more of the entities and operations as appropriate. The terms and conditions for the use of this Website applies to information set out herein and the provision of such products and services by all entities and operations within the Group but should not be construed as being exhaustive. You agree and acknowledge that the information set out on this Website and the provision of such products and services are subject to the conditions of licenses for each of the entities and operations and the applicable laws governing their operations.
Nothing in this Agreement shall affect any rights of a customer to operate its OPTIMUS accounts, products or services in accordance with any general terms (as amended from time to time) applicable to those OPTIMUS accounts, products or services.
We fully expect to develop and improve our Website offering over time and therefore the contents and functionality of this Website, which includes (without limitation) the terms of this Agreement, are subject to change by us without notification. Please see the date at the top for the last change made to this Agreement; however other content on this Website may not be marked as modified/updated in this way.
3. Website Content and Product Availability
Information provided on the Website is believed to be accurate and up-to-date when posted. However, we cannot guarantee that information will be accurate, complete and current at all times. All information on the Website is subject to modification from time to time. Opinions expressed whether generally or on the performance of individual funds or the likely returns on certain products represent the views of the contributor at the time of preparation. They are subject to change and should not be interpreted as investment advice. Please contact us directly if you need advice. Any research or analysis used in the preparation of the Website has been performed or procured by us for our own purposes.
Unless the contrary is explicitly stated in the case of any product or service, the Website contains only a summary of the information relating to the products and services referred to therein. Therefore, if you are interested in finding out all the information in relation to any of the products or services, you should seek further information from us.
This Website contains information covering different investment funds/services managed and registered in different jurisdictions. The information on this Website does not constitute either an offer to sell, a solicitation or an offer to buy in a country in which this type of offer or solicitation is unlawful, or in which a person making such an offer or solicitation does not hold the necessary authorisation to do so. It is also not directed at investors, in those cases where the law prohibits this type of offer or solicitation from being made. Accordingly, persons accessing the information on this Website are responsible themselves for ascertaining the legal requirements, which would affect their acquisition of any investment or products, including any foreign exchange control requirements.
4. Limitation of Liability
These ’Limitation of Liability’ provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this Website.
Some information published on the Website is intended to assist investors to make their own investment decisions, while other information is intended to be informative only. The investments and investment services referred to on the Website may not be suitable for all investors. Please contact us for advice or information before acting on any of the information published on the Website.
This Website contains information about our own products and services. No information on this website should be construed as advice. You should take advice from your own independent, professional financial adviser before making an investment decision and you are responsible for ascertaining any tax consequences.
No information or opinion expressed in the Website is intended or should be regarded as an offer or as a solicitation of an offer by us or any of our affiliate companies to buy, sell or otherwise deal in any particular investment.
4.2 Links to Third Party Web Sites
To provide valuable resources to users of this Website, we may provide links to other websites (" Third Party Web Sites") (that are not part of the Group) for you to access should you wish to do so. You acknowledge and agree that, accessing any such linked Third Party Website is done so at your sole discretion and we are not responsible for the availability of such Third Party Websites or resources, and that we do not review or endorse and shall not be responsible or liable, directly or indirectly, for (i) the privacy practices of such Third Party Websites, (ii) the content of such Third Party Websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such Third Party Websites or resources or (iii) the use that others make of these Third Party Websites or resources, nor for any (iv) damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such Third Party Websites or resources.
Where you access a Third Party Web Site by means of hyperlinks made available on the Website, and if you provide personal information about yourself on that Third Party Web Site which can identify you, it may be technically possible for the person who operates that Third Party Web Site to identify that you accessed the Third Party Web Site from our Website and to presume that you may be one of our clients. You accept the possibility that third parties may obtain such web usage information and make such an assumption about you (i.e. that you may be one of our clients) when you link to Third Party Web Sites and submit personal information about yourself on those Third Party Web Sites.
4.3 No Warranties
While We Have Taken All Reasonable Steps To Ensure The Accuracy And Completeness Of The Content Of The Website The Website Is Provided "As Is" And We Exclude Any Warranties, Undertakings Or Representations (Either Express Or Implied) To The Full Extent Permitted Under Applicable Law In Respect Thereof. Specifically, But Without Limitation, We Do Not Warrant That:
You Will Be Able To Use The Website Or That It Will Continue To Be Made Available In Its Current Or Any Other Form At The Current Domain Name Or Any Other Domain Name;
The Website Or Any Software Or Material Of Whatsoever Nature Available On Or Downloaded From It Will Be Free From Viruses Or Defects, Compatible With Your Equipment Or Fit For Any Purpose. It Is Your Responsibility To Use Suitable Anti-Virus Software On Any Software Or Other Material That You May Download From The Web Site And To Ensure The Compatibility Of Such Software Or Material With Your Equipment;
News, Prices, Opinions And Other Information On The Web Site Are Accurate Up To Date Or Complete; Or
Any Part Of The Content Or Materials, Are Appropriate Or Available For Use Either In The United Kingdom, The Island Of Guernsey, As Applicable. If You Use This Website From Other Jurisdictions, You Are Responsible For Compliance With Applicable Local Laws.
You should be aware that the Internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us by means of the Website, you do so at your own risk and we cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Although we use all reasonable endeavours to ensure the Website is secure from attacks (such as "hacking"), we cannot guarantee that any information displayed on the Website has not been changed or modified through malicious attacks.
Where they have been issued to you, it is your responsibility to maintain the security and confidentiality of your password and login details. As an example only, you should not write down your password and login details. You must inform us as soon as reasonably practicable if you suspect that your password or login details are known by or available to any third party. You agree that, if you inform us of any suspected disclosure of your password and login details, we may take such steps as we consider may be reasonably necessary in the circumstances (including, without limitation, cancelling your existing password and login details and issuing a new password and login details to you).
4.5 Disclaimer of Liability
Neither We Nor Any Of Our Affiliate Companies Will Be Liable To You In (Including Without Limitation), Negligence, Breach Of Contract, Misrepresentation Or Otherwise, For Any Direct, Indirect Or Special Loss Or Consequential Loss Or Damage Suffered By You (Including, Without Limitation, Loss Of Goodwill, Revenues Or Income, Opportunity, Anticipated Savings Or Data) Or For Loss Of Profit, Arising From Your Use Of The Website Or:
Any Software Or Materials Or Content Provided On Or Downloaded From The Website;
Any Computer Virus Or Malicious Code Or Software Or File Transmitted Through The Website;
Your Inability To Use The Website At Any Time And Any Error In The Provision Of The Website Or Its Materials Or Content;
Any Delay In Or Failure Of The Transmission Or The Receipt Of Any Instructions Or Notification Sent Through This Website;
Your Use Of E-Mail Communications To Contact Or Instruct Us (Including, Without Limitation, Any Delay In Our Receipt Or Confirmation Of Such A Communication, Any Interception Of Or Changes To Such A Communication And Any Reasonable Delay In Acting On Such A Communication);
Your Use Of And/Or Reliance On Other Third Party Website To Which You Have Gained Access By Means Of Hyperlinks Published On The Website;
Any Inaccurate Materials Or Content Or Opinions Published On The Website Or Your Reliance Thereon.
Nothing in these or any other terms and conditions governing your use of the Website shall operate to exclude or restrict our liability (including without limitation) for (1) fraud or fraudulent misrepresentation; (2) death or personal injury resulting from our, or our employees’, negligence; (3) our negligence or wilful misconduct; or (4) our duties and liabilities to you under the Financial Services and Markets Act 2000, or any conduct of business rules which we are bound to comply with.
5. Website Integrity
You may not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using the Website, (ii) are threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful, (iii) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law, (iv) infringe the rights of third parties, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact.
6. Recording of calls/communications
Any Telephone Calls, Emails Or Other Communications Between Us May Be Recorded Or Monitored For The Purposes Of Quality Control, Billing, Investigating Or Detecting Crime, Or For Establishing Facts Or Ascertaining Compliance With Practices Or Procedures Relevant To Our Business. You Hereby Expressly Consent to Such Recording And Monitoring.
Monitoring also includes (without limitation) checks for viruses and other malignant code, criminal activity, and use or content that is unauthorised or unlawful or material that may cause offence in any way.
7. Intellectual Property Rights
All rights in the material on the Website are either owned by us or made available to us under licence. The material on the Website is protected by copyright. All trademarks and devices displayed on the Website are owned by us and/or our licensors, and may be registered in many jurisdictions across the world. Save as provided in this Agreement any use or reproduction of these material, trade marks and/or devices is prohibited. All rights in the material on the Third Party Websites which you may be able to link to from our Website are owned by third parties.
You may view the Website and you are welcome to download or print hard copies of material on it for your personal, non-commercial use. All other copying whether in electronic, hard copy or other format is prohibited and all other rights are reserved.
We may terminate this Agreement with immediate effect or, at our sole discretion without prior notice, withdraw or suspend (either permanently or indefinitely) the provision of the whole or any part(s) of the Website.
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law. Any such unlawful or unenforceable term shall, whenever allowed by the context, be deemed replaced by such valid and enforceable term, covenant or provision whose contents are as close as permissible to those of the unlawful or unenforceable term.
You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or transfer all or any of our rights and/or obligations under this Agreement to any of the other members of the Group located anywhere in the world without requiring any further consent from you. To the extent required and at our request and expense, you agree to sign any documents which may be necessary or beneficial to give effect to such an assignment or sub-contracting.
11. No Waiver
The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
12. Governing Laws
The Agreement is governed by and in accordance with the laws of England and Wales, the Islands of Jersey and Guernsey, as appropriate. The courts of England and Wales, Jersey and Guernsey shall have non-exclusive jurisdiction over any dispute arising out of your use of the Website or the Agreement and you hereby submit to the jurisdiction of the courts of England and Wales.
13. Entire Agreement
This Agreement forms the entire agreement between you and The OPTIMUS Group concerning the use of the Website. Neither party shall have a right of action against the other arising from any previous agreement, communication, representation and discussion in respect of the Website, except in the case of fraud. Any other agreements between you and The OPTIMUS Group, terms of business, mandate and/or any other mandates relating to the conduct of you as a customer or The OPTIMUS Group's provision of related services shall remain unaffected, save that if any conflict between such terms and the terms of this Agreement arises, this Agreement shall prevail but only insofar as the conflict relates to the Website.
14. Corporate Details
14.1 Guernsey Entities
OPTIMUS Group is the brand name of Optimus Group Limited and its subsidiaries, Registered Office West Suite, 2nd Floor, No 1, Le Truchot, St Peter Port, Guernsey. GY1 1WD Telephone +44 (0) 1481 755690, telephone calls may be recorded.
Optimus Group Limited is registered in Guernsey, registration number 50975.
When you visit the Website, we may collect information about you which may not personally identify you but which may be helpful for improving the operation of the Website. Such information may be collected through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify your computer.
Cookies are small text files placed on your computer and are commonly used on the internet. We use them to:
· collect anonymous information that will help us understand visitors’ browsing habits on our Website;
· compile statistical reports on website activity, e.g. number of visitors and the pages they visit;
· temporarily store any information which you may enter in tools, such as demonstrations on our Website;
· In some cases, remember information about you when you visit our Website. We may need to do this to provide some of our services.
We use two types of cookie:
Session cookies - these are temporary and are deleted as soon as you close your browser.
Persistent/permanent cookies - these are stored on your computer until they expire or you remove them.
Persistent cookies store your personal preferences such as your language preferences on multi-lingual sites to make subsequent visits easier. They also remember questions we have asked you previously, such as a request to complete an online survey. A persistent cookie will prevent you from being asked to complete the same survey every time you visit the website.
Third party cookies - We work with third parties who, on our behalf, research the use of our website and activities on it. In doing so they may place a cookie on your computer. However it would not contain any personal information that others could read and understand. We also work with third parties to evaluate the effectiveness of our advertising and promotions on third party websites. Again, the cookie would not contain any personal information that others could read and understand.
Choices and further information about cookies
You can configure your web browser to tell you each time a new cookie is about to be stored on your computer so that you can decide whether to accept or reject it. Please refer to your internet browser’s help section for specific instructions. The following website at http://allaboutcookies.org/ is provided by an industry body that has produced a series of web pages which explain how cookies work and how they can be managed.
Please note that some parts of our website may not function properly if you reject cookies.
We may also collect personal data from you through the Website when you request information such as publications and other products and services from the Website. The personal data which we collect will be processed for the purpose of fulfilling your requests. It may also be retained by us for our general research purposes.
At the time you provide your information, you will be informed of the choices you can make about our relationship and the information we may, from time to time, wish to send to you, and the method by which you may receive such information. You may notify us at any time if you wish to cease receiving this further information by informing your usual contact.
In addition, we may transfer your data to selected third parties where this is necessary in order to provide you with the information which you have expressed an interest in. Such third parties will be held by us to a duty of confidentiality towards your information. By proceeding with your request, you expressly authorise us to transfer your data to such third parties.
As a means of processing your personal data for the purposes set out above, we may, if deemed appropriate, send the information which you provide to us to other members of Group located anywhere in the world where the Group does business. We implement various security measures in relation to our processing and transfer of personal data. However, the nature of the Internet and open emails communications is such that any data in ordinary emails may in some circumstances flow over networks without full security measures and could be accessible to unauthorised persons.
For details of how we process your personal information, please also refer to any other product and services terms and conditions that govern our relationship with you in addition to any specific data collection notices where you may provide us with your personal information on this Website.
If you wish to access the personal data we hold about you, please contact OPTIMUS. By Accessing And Using This Website You Consent To The Use Of Your Information For The Purposes Set Out Above.