TERMS OF USAGE AGREEMENT
You acknowledge by accepting the Guardian Asset Management Limited registration form for on-line client login access that you have read,
understood and agreed to the following terms and conditions and agree that these terms and conditions are reasonable.
You will not be able to proceed unless you have agreed to these terms and conditions.
This Agreement governs your use of the Guardian Asset Management Limited “Client Login” application.
In this Agreement, the words "you" and "your" refer to the mutual fund account holder(s) and its authorized signatories.
Any viewing of account information through the Guardian Asset Management Limited “Client Login” application to your account(s) through
the use of your User Identification and Passwords will be deemed authorized by you without further verification.
You will list all accounts to be accessed on the Guardian Asset Management Limited “Client Login” application form and you will keep your passwords safe and confidential and will not disclose it to any third party.
If you know or believe that unauthorized access has or will occur or that your passwords have become known to an unauthorized person, you will immediately
contact Guardian Asset Management Limited by telephone at 632-6000 and take the necessary steps to change the passwords. Guardian Asset Management Limited will be entitled to immediately act on the request. If you permit other person(s) to use the Guardian Asset Management Limited “Client Login”
application or your passwords or it is used by an unauthorized person you will be liable for any issues that may occur.
Costs and Charges
Guardian Asset Management Limited “Client Login” access is free of charge. The normal charges associated with your mutual fund account, transactions or services will continue to be applicable. Guardian Asset Management Limited reserves the right to review its pricing from time to time and change or amend charges to the on-line account access service as deemed necessary and you will be advised of these changes as they become applicable.
Unless otherwise stated, this Agreement is in addition to all other existing agreements between you and Guardian Asset Management Limited, if there is a conflict between the existing agreements and this Term of Use Agreement, the existing agreements prevail.
Changes in Services / Terms
Guardian Asset Management Limited may change the “Client Login” services and the terms set forth in this Agreement at any time. You will be notified of any such change as required by applicable law.
You may cancel this Agreement at any time by written notification to Guardian Asset Management Limited. Guardian Asset Management Limited has the right in its sole discretion to limit, suspend or terminate your use of the service and cancel this Agreement, for any reason, at any time.
You have a right to confidentiality provided always that Guardian Asset Management Limited may disclose any information about you and your accounts in response to credit inquiries; pursuant to legal process or subpoena, or if disclosure is necessary, desirable or to protect Guardian Asset Management Limited’s interests.
It is the Internet user's decision to communicate personal information to Guardian Asset Management Limited. Guardian Asset Management Limited is not and shall not be held responsible and liable for any unauthorised access or interception to information submitted through its offices. All information submitted to Guardian Asset Management Limited shall be deemed and remain the property of Guardian Asset Management Limited.
Limit of Liability
Guardian Asset Management Limited will make reasonable efforts to ensure full performance of the Guardian Asset Management Limited “Client Login” application services. Guardian Asset Management Limited will be responsible for acting only on those instructions sent by the account holder, which are actually received. Guardian Asset Management Limited does not assume responsibility or liability for malfunctions for whatever reason in communications facilities not under its control that may affect the accuracy or timeliness of messages you send.
Guardian Asset Management Limited is not responsible for any losses or delays in transmission of instructions arising out of the use of an Access Service Provider or caused by any browser software. Guardian Asset Management Limited is not responsible should you give incorrect instructions.
Any information you receive from Guardian Asset Management Limited is believed to be reliable. However, it can only be provided on a best effort basis for your convenience and is not guaranteed. Guardian Asset Management Limited is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Guardian Asset Management Limited is not responsible for system disruptions or unavailability of the Services including but not limited to disruptions caused by any computer virus or related problems.
NEITHER GUARDIAN ASSET MANAGEMENT LIMITED, NOR ANY OTHER INFORMATION PROVIDER, MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING INTERNET SOFTWARE OR SERVICES OR BROWSERS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW
All disputes between you and Guardian Asset Management Limited shall be settled directly between you and the company.
You and Guardian Asset Management Limited will attempt to settle any dispute or difference arising out of this Agreement amicably. If an amicable resolution cannot be attained, Guardian Asset Management Limited may opt to initiate legal process or the parties agree that the dispute be submitted to mediation.
You agree to indemnify and hold harmless Guardian Asset Management Limited, its associates, subsidiaries and affiliates and their officers, directors, employees and agents, all third party suppliers and their respective officers, directors, employees and agents, from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable attorney's fees and expenses and costs of investigation (collectively, "Damages") resulting from third party claims.
You agree and acknowledge that your personal login information and passwords are not to be shared, divulged, or disclosed to anyone and that you will only access your account information and financial services by means of login identification and passwords assigned to you. You agree that Guardian Asset Management Limited is authorized to process any instructions we receive under your passwords, and that these procedures are commercially reasonable.
You confirm that the information on the registration form is accurate to the best of your knowledge and that you will promptly notify Guardian Asset Management Limited of any change in the information as it occurs.
By applying for the Guardian Asset Management Limited “Client Login” application services, you understand that Guardian Asset Management Limited may contact you regarding important documents that must be signed and presented to Guardian Asset Management before the account can be accessed.
In the event any one or more of the provisions of this Agreement is for any reason held to be invalid, illegal or unenforceable, the remaining provisions will remain valid and enforceable.
This Agreement shall be governed by the laws of Trinidad and Tobago.