Terms and Conditions of use (the “Terms”)
- In order to access the portals you must apply to be registered. This requires you to commence the online registration process in respect of a portal and signing and returning to the Commission the “Online Services Agreement”. You will only be registered to use the portal once you have done this and the Commission has confirmed that you are registered. Confirmation of registration is at the sole discretion of the Commission.
- During the registration process you are required to provide the Commission with your electronic mail address, a secondary electronic mail address as well as a number of other details. In doing so, you agree that you have provided (i) true, accurate, current and complete information about yourself as promoted by the portal registration process; and (ii) will maintain and promptly update that information to keep it true, accurate, current and complete.
Use of Portals
- You will keep your password safe and secure at all times.
- You will keep your password confidential at all times and shall not share it with any other person.
- If, for any reason, you know or suspect that your password is, or may be, used by another person you must notify the Commission immediately.
- Your use of a key pad, mouse or other device, whilst logged into either portal, to select an item, button, icon or similar act/action, or to otherwise provide to the Commission any information, form or document via that portal, or in accessing or making any transaction, making any submission, providing any information or making any declaration regarding any form, document, agreement, acknowledgement, consent terms, provision of information, disclosure or agreeing to conditions together with you providing your electronic signature constitutes your provision of such information, form or document, as if actually signed by you in writing and submitted to the Commission.
- You agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting confirmation or declaration you provide to the Commission. You further agree that each use of your electronic signature constitutes your agreement to be bound by these Terms as they exist on the date of your electronic signature, where for this purpose the Commission is considered to be a data controller. Further information may be found in the Commission’s Data Protection Notification, which can be located at http://www.dpr.gov.gg
- You are responsible for installation, maintenance, and operation of your computer, browser and software. The Commission is not responsible for errors or failures from any malfunction of your computer, browser or software. The Commission is also not responsible for computer viruses or related problems associated with use of the portals or any other online system, including but not limited to a failure of the network.
- You agree that you shall receive and/or obtain any and all electronic communications (defined below) from the Commission via either portal. You acknowledge that, for your records, you are able to use the portals to retain electronic communications by printing and/or downloading and saving these terms and conditions and any other agreements and electronic communications, documents, or records whereby you agree to use your electronic signature. You accept electronic communications provided via electronic mail or either portal as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
- You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of either portal or its content, or in any way reproduce or circumvent the navigational structure or presentation of either portal or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through either portal.
- You may not attempt to gain unauthorised access to any portion or feature of either portal, or any other systems or networks connected to either portal, or to any of the services offered on or through either portal, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of either portal or any network connected to either portal, nor breach the security or authentication measures on either portal or any network connected to either portal.
- You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to either portal, or any other customer of ours, including any account not owned by you, to its source, or exploit either portal or any service or information made available or offered by or through either portal, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by a portal.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of either portal or any transaction being conducted on a portal, or with any other person’s use of either portal.
- You shall not use either portal for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use either portal in a way that may cause any portal to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of a portal is in any way impaired.
- Notwithstanding any other provisions of these Terms, you shall not (i) impersonate any person or entity or misrepresent your affiliation with a person or entity; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any portal user; (iii) make available, introduce into or direct to either portal any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) interfere with or disrupt either portal or servers or networks connected to a portal, or disobey any requirements, procedures, policies or regulations of networks connected to either portal; (v) violate any applicable local, state, national or international law, rules or regulations; (vi) "deep link" to any portion of either portal; (vii) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission; (viii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (ix) display any of a portal in a frame (or any of our content via in-line links); (x) engage in any activity that interferes with any third party's ability to use or enjoy either portal; and/or (xi) assist any third party in engaging in any activity prohibited by these Terms.
Modification, Suspension and Termination
- The Commission may suspend or terminate your access where it considers it necessary to do so without prior notice and without providing reasons. You agree to keep indemnified the Commission from any loss to yourself or third parties in the event that such action is taken. You further agree that the Commission may use your registered address to notify you of the suspension.
- The Commission may revise, amend and/or update the Terms as necessary from time to time and you agree that the Commission may notify you of any such revisions, amendments and/or updates electronically from time to time.
- The Commission will try to ensure that the portals are available 8am to 6pm Monday to Friday, subject to maintenance required whether scheduled or otherwise. If the service is interrupted the Commission will restore it as soon as reasonably possible. However access to any portal may be suspended without notice. If the service is disrupted, it remains your responsibility to comply with any statutory time limits regarding the filing of forms, notifications or other documents or correspondence.
- The Commission may, at any time, suspend, modify or discontinue, temporarily or permanently, any portion of a portal with or without prior notice. You agree that the Commission will not be liable to you or any third party for any suspension, modification or discontinuance. However access to any portal may be suspended without notice.
- While the Commission may make the portals available for a number of platforms, the Commission will not be required to make, and is not responsible for making, the portals available on more than one platform (chosen at the Commission’s sole discretion) and will not necessarily make the portals available on a majority of or all platforms.
- The use of the portals are entirely at your own risk. The portals are provided on an “as is” and “as available” basis.
Warranties and limitation of liability
- The Commission does not, and has not, provided any warranties to you regarding either portal. You agree that the Commission has disclaimed all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent allowable by applicable Guernsey and for any other relevant law.
- In addition to the other terms set out herein, you acknowledge that the liability of the States of Guernsey, the Commission and its members, officers and servants is limited by the provisions of the Financial Services Commission (Bailiwick of Guernsey) Law, 1987, as amended and any ordinance made thereunder in relation to the limitation of liability of the States of Guernsey or the Commission.
- The Commission will not be liable, to you or anyone else, for: a. any disruption or failure to make either portal available. You agree that the Commission has no responsibility or liability for the deletion or accuracy of any information, form or documents submitted through the portals or the information, forms or documents provided to the Commission by you whether on your own behalf or behalf of another person. b. any failure to store, transmit, or to receive transmission of information, documents or forms, or the security, privacy, storage, or transmission thereof however such failure arises. c. any loss of data or any loss associated or arising out of such loss however such loss arises.
- You will keep indemnified and hold the Commission harmless from any loss to yourself or third parties arising from or due to: a. use of the portals whether on my own behalf or on behalf of another person; b. someone else using your password or access, whether with or without your knowledge; or c. loss of data or information provided by yourself, whether on your own behalf or on behalf of another person.
- You agree to be fully responsible for (and fully indemnify the Commission against) all claims, liability, damages, losses, costs and expenses (including legal fees and expenses) suffered by the Commission and arising out of any breach of these Terms by you and any other liabilities arising out of your use of either portal, or the use by any other person accessing either portal using your password or account.
- You agree that in no event shall the Commission, its officers or employees be liable to yourself or anyone else for any loss or damages, including direct, special, incidental, indirect, consequential, exemplary or punitive, whether or not reasonably foreseeable or if the Commission has been advised of the possibility of such loss or damage or based upon any theory of liability, including loss of profits, goodwill, use, data, other intangible loss, breach of contract, warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to any portal, howsoever arising, including but not limited to (i) the use of, or the inability to use, either portal, (ii) unauthorized access to or alteration of your transmission or data, or (iii) any other matter relating to the portals.
- This document is to be construed in accordance with the laws of the Island of Guernsey and will be subject to the exclusive jurisdiction of the Royal Court of Guernsey.
- You acknowledge that where you are providing information to the Commission on behalf of any person, other than an individual, licensed or registered by the Commission, you are acting as representative and agent of the other person and you agree that the information you will provide will be true and accurate to the best of your knowledge and you will make reasonable enquiries to assure yourself of this.
In these Terms:
electronic communications includes, but is not limited to, any and all current and future notices and/or disclosures that various laws, rules or regulations require that the Commission provides to myself, as well as such other documents, statements, data, records and any other communications regarding my relationship with the Commission; and portal means any or all of the Commission’s internet based systems accessible at either online.gfsc.gg or submit.gfsc.gg.