Terms of Authorised Access and Use
Access to and use of this website is subject to your full compliance with
the following:
1. Definitions
1.1 "This website" or "the contents of this website" (and
all grammatical and semantic derivatives thereof) mean(s) the collection of
web pages, documents, information, files, data or software as available anywhere
under the root Universal Resource Locator (URL) "http://www.yourdotcom.biz,
in whole or in part, or any copy or derivative thereof, as available elsewhere
on the internet (including without limitation any "cached" copy) or
through any other means or on any storage medium whatsoever, whether in electronic,
printed or another form.
1.2 "Services provided" (and all grammatical and semantic derivatives
thereof) mean any or all services as defined hereinafter in Section (3).
1.3 To "access this website", to "access the contents of this
website", to "use this website", or to "access or use this
website" (and all grammatical and semantic derivatives thereof) means to
view, download, or to cause any person, machine, software or technology to view
or download, this website or any part thereof, or make use of any services provided
by this website in any manner whatsoever.
1.4 "The publisher of this website", "the publisher" or
"we" (and all grammatical and semantic derivatives thereof) means
Associated Professionals, the organisation that makes the contents of this website
and any services provided by it available, and oversees the functioning and
administration of this website.
1.5 "You", "yourself" (and all grammatical and semantic
derivatives thereof) means any party who at any time accesses or uses this website.
1.6 "Location where these Terms of Authorised Access and Use are intended
to be effective" means without limitation any country, territory or geographical
area:
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(a) where the computer system storing the contents of this
website is located; and/or
(b) where the publisher of this website conducts its business and/or administers
this website from; and/or
(c) where the party who accesses this website is located at the time of
any such access; and/or
(d) where the party who accesses this website at any time is usually resident. |
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1.7 "Computer trespass legislation" means any and all legislation
in any location where these Terms of Authorised Access and Use are intended
to be effective that is specifically concerned with unauthorised access to computer
systems or, in the failure of any specific computer-related trespass legislation
being available, any legislation that is concerned with trespass upon private
property.
2. Authorised Access and Use
2.1 This website constitutes a private computer system with restricted public
access. Access to this website by unauthorised parties is prohibited.
2.2 The publisher hereby grants you authorisation to access the contents of
this website
UNLESS:
2.2.1 you are a natural or legal person located in any country, territory or
jurisdiction where such access or use is prohibited by applicable laws or regulations;
2.2.2 you are a natural or legal person involved directly or indirectly in
any unlawful activity, including but not limited to terrorism, trafficking of
drugs, laundering of illicit funds or handling the proceeds of serious crime;
2.2.3 you are a natural or legal person who has been found guilty of any criminal
offence other than an offence carrying a non-custodial sentence, a motoring
offence, a tax-related offence, or an offence committed in such countries, territories
or jurisdictions that conceivably violate human rights or individual freedoms
or conceivably hinder free enterprise;
2.2.4 you are a natural or legal person that have been proven to act in a dishonest
or fraudulent manner in any civil court proceedings;
2.2.5 you are a natural or legal person involved directly or indirectly in:
the trade of arms, weapons or munition; the trade in or handling of any material
with possible warfare application (including, without limitation, chemical,
biological or nuclear materials); the trade in equipment or material that could
lead to the abuse of human rights (including, without limitation, riot-control
devices, restraining devices or incapacitating chemical agents); the administration
of multi-level marketing schemes of any kind; the administration of direct-marketing
investment schemes; the administration of time-share businesses; the administration
of, or fund-raising for, religious organisations; the administration of, or
fund-raising for, political parties or organisations; the collection of taxes
or revenues for or on behalf of any government; the enforcement of the collection
of taxes or revenues for or on behalf of any government; the compliance with,
or enforcement of, any Financial Action Task Force on Money Laundering (FATF)-drafted
guidelines;
2.2.6 you are a natural or legal person employed by, subcontracted by, acting
for or on behalf of, associated with, or otherwise directly or indirectly involved
with: Fiscal Affairs Committee of the Organisation for Economic Co-operation
and Development (OECD); Financial Action Task Force on Money Laundering (FATF);
Financial Stability Forum (FSF).
2.2.7 you are a natural or legal person accessing or using this website with
the intention to make the contents of, or service provided by, this website
available to any person or persons as defined by points 2.2.1, 2.2.2, 2.2.3,
2.2.4, 2.2.5 and 2.2.6.
2.3 BY ACCESSING AND USING THIS WEBSITE YOU HEREBY DECLARE UNDER PENALTY OF
PERJURY THAT NONE OF THE RESTRICTIONS OF ACCESS AND USE AS PER POINTS 2.2.1,
2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6 AND 2.2.7 APPLY TO YOU. YOU UNDERSTAND THAT
A FAILURE TO COMPLY WITH THE SAID RESTRICTIONS OF ACCESS AND USE SHALL CONSTITUTE
A BREACH OF CONTRACT BETWEEN YOURSELF AND THE PUBLISHER, AND/OR SHALL VIOLATE
ANY APPLICABLE COMPUTER TRESPASS LEGISLATION, AND MAY GIVE RISE TO THE COMMENCEMENT
OF CIVIL AND/OR CRIMINAL PROCEEDINGS AGAINST YOU.
2.4 The publisher hereby waives its right to commence legal proceedings for
unauthorised access against you if and only if your first and only access to
this website consists of accessing a single webpage other than these Terms of
Authorised Access and Use, provided such an entry is gained in good faith through
an internet "search engine", a third party web "link", an
invitation or solicitation to access this website (including an invitation or
solicitation to access this website provided or sponsored by the publisher itself),
a word-of-mouth referral or any other referral, and provided your subsequent
action upon accessing any single webpage other than these Terms of Authorised
Access and Use is to duly familiarise yourself with these Terms of Authorised
Access and Use and/or exit this website.
3. Copyright
3.1 All rights, including copyright and database rights, on this website and
its contents (including but not limited to text, images, software, concepts
and designs) are owned by or provided under licence to the publisher, or are
otherwise used by the publisher in accordance with any applicable law.
3.2 You are permitted to access the contents of this website on a single access
device at any one time. You are permitted to save any part of this website on
a single storage medium for your personal use only. You are permitted to print
a single hard copy of any part of this website for your personal use only.
3.3 Except as permitted above, you undertake not to copy, store on any medium
(including, without limitations, on another website), distribute, transmit,
re-transmit, broadcast, modify, or display in public any part of this website
without the prior written permission of the publisher. You undertake not to
adapt or create a derivative work from any of the contents of this website.
4. Services Provided by This Website
4.1 The primary purpose of this website is to provide authorised persons (as
per Section 2) with access to a variety of offshore-related information and
resources.
4.2 In addition, authorised persons may use this website to facilitate the
provision of referral services to publisher-approved offshore services providers.
(*Note: Our referral services are provided in accordance with our Referral
Services Policy.)
4.3 The publisher of this website does not provide any other services except
as per points 4.1 and 4.2. In particular, your attention is drawn to the fact
that the publisher does not in itself provide, nor is able or willing to provide,
any offshore financial services to any party whatsoever.
5. Disclaimer of Warranty and Limitation of Liability
5.1 THIS WEBSITE, AND ALL ITS CONTENTS AND SERVICES PROVIDED ARE FOR GENERAL
INFORMATION PURPOSES ONLY, AND ON AN "AS IS" AND "AS AVAILABLE"
BASIS. DESPITE OUR BEST EFFORTS, THIS WEBSITE AND ANY SERVICES PROVIDED BY IT
MAY BE INACCURATE, INCOMPLETE, OUT-OF-DATE OR NOT APPLICABLE TO THE CIRCUMSTANCES
OF YOUR PARTICULAR FACT-PATTERN. THIS WEBSITE MAY CONTAIN ERRORS AND OMISSIONS
OF BOTH FACTUAL AND TECHNICAL NATURE.
5.2 THE PUBLISHER OF THIS WEBSITE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF SATISFACTORY
QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT.
5.3 UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER OR ITS AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUE, BUSINESS INTERRUPTION, LOSS OF
TIME OR LOSS OF GOODWILL, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT
OF THE ACCESS OR USE OF THIS WEBSITE OR ANY SERVICES PROVIDED BY IT, OR ANY
ACTION OR FAILURE TO ACT TAKEN IN RELIANCE ON THE INFORMATION CONTAINED ON,
OR SERVICES PROVIDED BY, THIS WEBSITE.
5.4 NO PART OF THE CONTENTS OF THIS WEBSITE, NOR ANY
SERVICES PROVIDED BY THIS WEBSITE, SHALL BE CONSIDERED A SUBSTITUTE FOR LEGAL,
TAX-PLANNING, INVESTMENT, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR YOUR INDEPENDENT
INVESTIGATION.
5.5 NO PART OF THE CONTENTS OF THIS WEBSITE, NOR ANY SERVICES PROVIDED BY THIS
WEBSITE, SHALL NOT BE CONSTRUED AS AN INVITATION, OFFER OR SOLICITATION TO BE
IN ANY WAY INVOLVED WITH OFFSHORE FINANCIAL CENTRES, OR TO MAKE ANY FORM OF
OFFSHORE FINANCIAL SERVICES A PART OF YOUR FINANCIAL PLANNING.
5.6 REFERRAL SERVICES (AS PER POINT 4.2) ARE PROVIDED ON THE BASIS THAT THE
PUBLISHER OF THIS WEBSITE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, NOR SHALL
BE UNDER ANY OBLIGATION WHATSOEVER TO OVERSEE, YOUR DEALINGS WITH ANY SERVICES
PROVIDER YOU MAY BE REFERRED TO, REGARDLESS OF WHETHER ANY SUCH REFERRAL IS
MADE BY A NATURAL PERSON EMPLOYED, REPRESENTING OR ACTING ON BEHALF OF OR FOR
THE PUBLISHER, OR BY ANY AUTOMATED FACILITY AVAILABLE ON THIS WEBSITE.
5.7 THE PROVISIONS OF ALL DISCLAIMERS AND EXCLUSIONS CONTAINED WITHIN THIS
SECTION (4) SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOUR ATTENTION IS DRAWN TO THE FACT THAT THE PROVISIONS SET OUT WITHIN THIS
SECTION (4) ARE SEVERABLE AND IF ANY PROVISION CONTAINED HEREIN IS DETERMINED
TO BE INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION THEN SUCH
INVALIDITY OR UNENFORCEABILITY SHALL NOT AFFECT THE REMAINING PROVISIONS.
6. Miscellaneous Provisions
6.1 Your access to or use of this website shall constitute your full acceptance
of these Terms of Authorised Access and Use. These Terms of Authorised Access
and Use constitute the entire agreement between the publisher and yourself with
respect to the access and use of this website and all other subject matters
hereof, and supersede all previous agreements and understandings.
6.2 The publisher shall attempt to notify you that access to this website is
subject to these Terms of Authorised Access and Use by displaying a prominent
message within your internet browser window upon your first access to this website.
Notwithstanding, any failure on the part of the publisher to provide such notification
for any reason whatsoever (including without limitation a failure caused by
software or technology malfunction or incompatibility) shall not affect the
force nor your full agreement to these Terms of Authorised Access and Use.
6.3 The publisher reserves the right to change or modify these Terms of Authorised
Access and Use at any time by updating this webpage. You shall be responsible
for reviewing regularly these Terms of Authorised Access and Use to obtain timely
notice of any changes. Your continued use of this website shall constitute your
full acceptance of these Terms of Authorised Access and Use as modified.
6.4 Any section headings, as well as advisory notes indicated by (*Note),
are used within these Terms of Authorised Access and Use for reasons of clarity and convenience only
and shall not be given any legal import.
6.5 If any provision of these Terms of Authorised Access and Use should be
found unlawful, invalid or otherwise unenforceable by any court of competent
jurisdiction in any location where these Terms of Authorised Access and Use
are intended to be effective, then the part that is unlawful, invalid or unenforceable
shall be severed and deleted from these Terms of Authorised Access and Use and
the remaining provisions shall survive in full force and effect and remain binding
and enforceable.
