Legal Information

Status Disclosure

Clarien Bank Limited is a local company incorporated under the laws of Bermuda and is a wholly owned subsidiary of Clarien Group Limited.

Clarien Bank Limited is licensed to conduct business by the Bermuda Monetary Authority.

Registered Address: 25 Reid Street, Hamilton HM 11

Mailing Address: PO Box HM 1194, Hamilton HM EX

Telephone Number: + 441.296.6969

Fax Number: + 441.292.1277

Clarien Trust Limited is a local company incorporated under the laws of Bermuda and is a wholly owned subsidiary of Clarien Bank Limited. Clarien Trust Limited is licensed to conduct Trust Business by the Bermuda Monetary Authority.

Clarien Investment Limited is a local company incorporated under the laws of Bermuda and is a wholly owned subsidiary of Clarien Bank Limited. Clarien Investments Limited is licensed to conduct Investment business by The Bermuda Monetary Authority.

Clarien Investment Limited also owns Clarien BSX Services Limited which is a trading member of the Bermuda Stock Exchange.

TERMS OF USE: Acceptance of the Terms of Use and Any Amendments

The Terms of Use set out below (the “Terms of Use”) form a binding contract between you and Clarien Bank Limited (“Clarien”) and provide the terms and conditions under which you may use the website located at www.capital-g.com and all products, services, content, tools, and information available through the website (collectively, the “Site” or the “Site Content”). Please read the Terms of Use carefully. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use.  If you do not agree with the Terms of Use, you are not granted permission to access or otherwise use the Site.

These Terms of Use are in addition to any other agreements between you and us, including any customer or account agreements that govern your use of Clarien’s products, services, content, tools, and information referred to on the Site.

Clarien reserves the right to change the Site and the Terms of Use at any time, without notice. The date of any amendment will be shown at the top of this webpage. If you use the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended.

Authorized Use

Personal Use. The Site is intended only for your personal, non-commercial use, unless you and we have agreed otherwise in writing.

No solicitations. Nothing on the Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.

Intellectual Property Rights

You acknowledge that the Site may contain copyrights, trademarks and other intellectual property that these items are the sole property of Clarien (the “Clarien Intellectual Property”).  You also acknowledge that Clarien’s worldwide rights in and to the Clarien Intellectual Property are valid in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-code user interface design or logos, except as explicitly authorized by Clarien in writing.

Nothing on the Site should be construed as granting any license or right to use any of the Clarien Intellectual Property or other intellectual property displayed on the Site without the prior written permission in each instance of Clarien and/or the owner(s) of such other intellectual property. All goodwill generated from the use of the Clarien trademarks on any website will inure to Clarien’s benefit.

The Site also contains text, software, graphics, images, and other material (collectively, the “Proprietary Material”), and that material is owned by Clarien or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of Clarien and/or the relevant rights holder in writing.

Limitation of Liability and Disclaimers

You agree that, without limitation, under no circumstances will Clarien, its subsidiaries, or the respective directors, employees or agents of Clarien or its subsidiaries (collectively, the “Clarien Parties”) be liable for any damages, whether those damages be direct, indirect, incidental, consequential, special, punitive or exemplary damages (collectively, the “Excluded Damages”), arising out of or in any way connected with your use of, inability to use or reliance upon the Site even if the Clarien Parties have been advised of the possibility of or could have foreseen the Excluded Damages.

These limitations of liability will apply regardless of:  (i) any negligence or gross negligence of any Clarien Party or (ii) whether the liability sounds in tort (including negligence), strict liability, contract or any other theory of legal liability.

You acknowledge and agree that the site is provided on an “as is” and “as available” basis.  None of the Clarien Parties guarantees the timeliness, accuracy, reliability, completeness, or usefulness of any aspect of the Site.  None of the Clarien Parties warrant that the Site or downloads from the Site will meet your needs or expectations, or be uninterrupted, secure or error-free or that the Site, its server or any files available for downloading through the Site are free of computer viruses or other harmful elements.  The Clarien Parties have no responsibility for viruses or other damage that may be caused to you as a result of using the Site.

You expressly agree that the entire risk as to the quality and performance of the Site and the timeliness, usefulness, accuracy or completeness of the Site is assumed solely by you.  All of the Clarien Parties hereby specifically disclaim any representations, endorsements, guarantees or warranties, express or implied, regarding the Site, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights.  Without limiting the generality of the foregoing, all of the Clarien Parties disclaim any warranties with respect to any results that may be obtained from the use of the Site.

Reasonable precautions have been taken to ensure that Site Content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third-party content, we are unable to assure the accuracy of the data you access through the Site. Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. Clarien has no duty to update the Site or any Site Content.

The Clarien Parties shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy of the data presented through the Site.

The Site is not intended to provide any tax, legal, or investment advice, and nothing on the Site should be construed as a recommendation of the Clarien Parties to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Indemnification

As a condition of your use of the Site, you agree to make the Clarien Parties and their third party providers whole for any and all claims, losses, liabilities and expenses (including but not limited to attorneys’ fees) arising from any use of the Site or your violation of these Terms of Use.

Governing Law, Forum, Severability, and Miscellaneous

Failure by Clarien to enforce any provision(s) of these Terms of use shall not be construed as a waiver of any provision or right. The Site is controlled and operated by Clarien from its offices within Bermuda. The Agreement will be governed and interpreted under the laws of Bermuda and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.