General
By accessing this site (“Site”), you acknowledge and agree to be bound by the terms and conditions of these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site and immediately discontinue your access. Capital Union Bank Ltd (“Capital Union Bank” or “CUB”) reserves the right, in its sole discretion to modify, alter and/or update these terms of use at any time without prior notice to you and you agree to be bound by such modifications, alterations and/or updates upon such modification, alteration or update being made to the Site.
No Offer and No Advisory
The content of this Site is solely for information purposes. The contents of this Site and the information contained hereon does not and is not intended to constitute an offer to buy or a solicitation of an offer to sell or a distribution or recommendation of any securities or other product or service offering in any jurisdiction where doing so is restricted or otherwise contrary to applicable law.
This Site is not, does not purport to be, investment advice. The information contained and opinions expressed hereon is not intended as a substitute for specific investment advice. Users of this Site who have any doubts about the contents of the Site are advised to consult your independent professional advisors, counsels and attorneys, accountants, or other financial professionals. Specifically, users of this Site are advised to consult your professional advisors as to the legal requirements within the country of your residence and any foreign exchange or other restrictions and tax consequences which may be relevant to your personal situation prior to making investment decisions.
Accuracy of Information
Capital Union Bank makes every effort to ensure that this Site and the information is accurate. However, Capital Union Bank offers no warranty or representation as to the completeness or accuracy of the contents of this Site. The bank expressly represents, and users of this Site agree that the bank does not assume or undertake any duty to advise any person. The bank shall not be liable and expressly disclaims any liability in all respects for any direct, indirect or consequential loss arising from or in connection with any use or reliance placed on this Site and the information contained herein. All users of this Site acknowledge and agree that Capital Union Bank will not be liable for any damages, losses or expenses (including but not limited to direct, indirect, special, incidental, consequential or punitive damages) arising from your use or inability to use and/or your access to or inability to access the Site.
The portfolio statement provided when you log into your account will show the market prices and the foreign exchange rates of the positions in your account. The prices generally reflect the resale price in the market as at the date of the portfolio statement. The indicated prices are provided to Capital Union Bank by standard sources, which the bank considers to be reliable. However, it is possible that for certain securities, particularly for liquid assets, no valuation price may be provided by the information sources. The Bank may value such securities at the value it deems to be the market price, without any commitment on the part of the bank. For certain investments, such as private equity funds/investments and hedge funds, the official net asset value can only be obtained at certain dates. In such cases, it is possible that your portfolio statement refers to an estimated valuation and not to an official valuation.
The portfolio statement is provided for information purposes only and does not obligate the bank to buy or sell assets at the stated prices. The bank cannot guarantee that the valuation or other information and calculations in relation to the assets in custody are exact and/or exhaustive and it reserves the right to adjust them. The portfolio statement is not a tax valuation and should not be used for tax purposes. Any discrepancy should be submitted to the bank in writing within thirty (30) days from the date of the present portfolio statement.
You should carefully examine and reconcile your portfolio statement. Your portfolio statement shall be deemed as correct and approved unless written objection is received by the bank within thirty (30) days from the date of the present portfolio statement.
Internet Security
Capital Union Bank emphasizes to you that the Site is an internet-based application; the internet is a public network and the bank has no control over it. Your attention is drawn to the fact that any access to the internet could bear some risks such viruses, risk of forgery or abuse. Capital Union Bank disclaims any responsibility to you or any third party for damage incurred as a result of such risks and/or as a result of technical deficiencies (transmission error, network overload, interference, maintenance, unauthorized third party access, etc.). Capital Union Bank does not assume responsibility for any damage caused or losses sustained to your equipment, the data stored therein or any software or hardware components used to operate your equipment. You commit to take all necessary security measures and assumes all risks connected to non-authorized, incorrect or fraudulent use of the Site.
Exclusion of Liability
All users of this Site similarly acknowledge and agree that Capital Union Bank shall not be liable for any error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if Capital Union Bank or its employees, officers, directors, shareholders, contractors, agents, or representatives are advised of the possibility of such damages, losses or expenses.
All users of this Site do so at your own risk and bear all responsibility for compliance with any applicable laws, rules, and regulations in your jurisdiction of residence or domicile. In exchange for using this Site, you agree not to hold Capital Union Bank, its affiliates, or any third-party service providers liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the Site.
The contents of this Site are current only as of the date hereof. The bank does not assume any responsibility or obligation to update the Site or provide revised information or opinions from time to time. Reference to the past or potential performance of any investment product discussed herein is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or future performance.
Neither the Securities Commission of The Bahamas, the Central Bank of The Bahamas nor any regulator in The Bahamas or any jurisdiction endorses and has signed off on the contents of this Site. The aforementioned entities do not take responsibility for the soundness or accuracy of any statement made or opinion expressed in this regard.
All Capital Union Bank products and services are subject to the terms and conditions of the agreements governing such products/or services.
Confidentiality and Security
The content of the Site is protected by under Bahamian banking confidentiality laws and other Bahamian data protection laws and rules. Capital Union Bank cannot guarantee that the content of the Site including all confidential and/or personal data and information related to you are protected when the Site is accessed in a location outside of The Bahamas. Jurisdictions outside of the Bahamas may be subject to legislation that does not offer the same protection as Bahamian law. It is your duty to obtain the necessary information related to any such restrictions and Capital Union Bank has no responsibility for any direct or indirect loss or damages caused by the use of the services offered on the Site from other countries
Capital Union Bank will treat all of your personal information as private and confidential even if you are no longer a customer. However, the directors, officers and/or staff of the bank may be required to provide evidence and information and the bank will only disclose such information about your account to third parties if certain specific circumstances arise (in particular but not limited to circumstances where there is evidence of activities which constitute or would, had they occurred in The Bahamas, constitute a criminal offence in the Bahamas). Capital Union Bank will only disclose confidential customer information in a manner as permitted by applicable law.
Capital Union Bank shall treat all information relating to your account(s) and the transactions associated therewith as strictly confidential. Except as otherwise required in accordance with applicable law, the bank shall disclose such information only to you or as otherwise instructed by you.
Capital Union Bank shall not be liable in any way whatsoever, directly or indirectly, for any damages or loss whatsoever, resulting from or in connection with any communication sent by you to Capital Union Bank or any communication sent by Capital Union Bank to you at your request through the internet, or for interference with or corruption of information transmitted on the Site; including but not limited to the publication or use for whatever purpose of all or part of the information Your attention is drawn to the fact that communication through the internet or via any other unsecured link are not secure and that neither you nor CUB’s identity as an internet user, nor the content of any communication, can be kept confidential. Furthermore, data flows between you and CUB, whether encrypted or not, may enable third parties to infer the existence of a banking relationship and obtain relevant confidential information that might enable third parties to defraud you and/or the bank. The privacy and security of electronic communications cannot be guaranteed and presents inherent and prevalent security risks including the risk of interception, misuse, fraud or third party action which, even acting with reasonable care and skill may not be detected. Further, actual delivery of electronic communications is not guaranteed, and communication by electronic means may be subject to delay or even mis-delivery. Consequently, your understand and accept the risks associated with such communications, including, but not limited to, the risk of interception by unauthorized third parties and/or the risk of forgery and/or abuse and/or any system malfunction, including transmission errors, omissions and distortions and shall assume all the risks and bear all the consequences relating to such communications such as, but not limited to, the risk of financial damages resulting from fraudulent transfer instructions. CUB shall not be held liable for any damage due to delay, loss, mistake, misunderstanding, alteration or any other cause that may result from communications by electronic means.
The Bank shall not incur any liability in case confidentiality is violated by any third-party providers of the Bank bounded to confidential terms.
Personal Data Use
Pursuant to the laws of The Bahamas, regulating use of personal information, data which may be collected from you shall only be used, processed and communicated in accordance with applicable law. Natural persons have a right of access and rectification as provided for by the law. All requests to this effect must be submitted to CUB in writing.
CUB shall take all reasonable steps to ensure the confidentiality of your data. In addition, you acknowledge that in some instances, in order to carry out certain functions on your behalf and in order to properly fulfill the legal, operational, contractual, banking or securities’ custody obligations that might arise, your data may be transferred to third parties external to CUB in the absolute discretion of the bank. Pursuant to the Data Protection (Privacy of Personal Information) Act, 2003 and the Bank & Trust Companies Regulations Act, 2020 you hereby consent to the sharing and provision of your data and information to other members of the bank for purposes of assisting with carrying out banking services for your benefit in order to properly fulfill the legal, operational, contractual, banking or securities’ custody obligations that might arise. The treatment and transfer of data shall not be regarded in any case as a violation of bank secrecy.
CUB will only use your information as permitted or required by applicable regulations. CUB will not be liable to you for any loss or damage where CUB discloses or withholds information pursuant to lawful order or otherwise in accordance with the applicable regulations.
Applicable Law
Use of the Site shall be subject to the laws of the Commonwealth of The Bahamas, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above. By accessing this Site, all users agree to submit to the exclusive jurisdiction of the courts of The Bahamas to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the use of this Site.