WEBSITE TERMS OF USE

(“TERMS OF USE”)

  • These are the Terms of Use and important information that apply to your use of this website (the “Site”), please read them carefully. Persons using this “Site” must accept these Terms of Use when they first register to use this Site and on each occasion these Terms of Use are amended, updated, modified or replaced from time to time.

GENERAL:

  • This Site is hosted by Utmost Services Limited under number 059248C of Royalty House, Walpole Avenue, Douglas, Isle of Man IM1 2SL and is a service provided jointly by Utmost Limited and Utmost Ireland dac to promote their respective product propositions. Details of each company are set out below.
  • Utmost Limited (“Utmost Limited”) is a company limited by shares. Registered in the Isle of Man under number 056473C. Registered office: Royalty House, Walpole Avenue, Douglas, Isle of Man, IM1 2SL, British Isles. Utmost Limited is authorised by the Isle of Man Financial Services Authority. Details about the extent of Utmost Limited’s authorisation by the Isle of Man Financial Services Authority are available upon request. Utmost Limited is a member of the Association of International Life Offices and a member of the Manx Insurance Association (MIA).
  • Utmost Ireland dac (“Utmost Ireland”) is a company limited by shares. Registered in Ireland under number 303257. Registered office: Block 2, Harcourt Centre, Harcourt Street, Dublin 2, Ireland. Utmost Ireland is authorised by the Central Bank of Ireland and regulated by the Financial Conduct Authority in the United Kingdom for Conduct of Business Rules. Details about the extent of Utmost Ireland’s regulation in the United Kingdom by the Financial Conduct Authority are available upon request.
  • Utmost Limited and Utmost Ireland, are, in these Terms of Use where the context permits, referred to collectively as “Utmost”.

ACCESS TO utmost WEB PAGES AND THE APPLICABLE UTMOST ENTITY FOR THESE TERMS OF USE

As you navigate and access pages on the Site, you will be able to access content about Utmost and, where relevant, the products made available by the respective licensed product providers, for which:

      • (i) Utmost Limited and Utmost Ireland are responsible jointly, where it contains generic statements which are not product specific;
      • (ii) Utmost Limited is responsible exclusively and relate to its specific product range;
      • (iii) Utmost Ireland is responsible exclusively and relate to its specific product range.

These Terms of Use will apply between you and the respective product provider whose product pages you choose to review or with whom you already hold a product and you log-in to see relevant details relating to your product. Some of these Terms of Use are, where indicated, specifically for Utmost Limited and Utmost Ireland as applicable. The remaining Terms of Use are generic and apply to either company whose website pages or login area you access.

DEFINITIONS:

(i) “Utmost” (including “we” or “us”) where the context permits means either or both Utmost Limited or Utmost Ireland depending on which entity is responsible for the part of the Site which you choose to view.

  • (ii) “Utmost Group” means either Utmost Limited or Utmost Ireland, their respective subsidiaries, their holding company or any subsidiary thereof depending on the part of the Site which you choose to view (“subsidiary” and “holding company” have the meanings given in section 1 of the Isle of Man Companies Act 1974 (as amended) and in section 7 and section 8 respectively of the Companies Act 2014 of Ireland (as amended) where appropriate).
  • (iii) “Utmost Wealth Solutions” is the brand name used by a number of Utmost companies.
  • (iv) “Client” means a private customer, a retail customer or a retail client.
  • (v) “Intermediary” means a person or entity which has terms of business with Utmost, directly authorised by or registered with the UK Financial Conduct Authority or other acceptable regulatory authority with appropriate permissions to act as agent to private and/or retail customers.
  • (vi) “You” or “yourself” or “your” means the user of this Site being either a client or an intermediary as appropriate.

COMPLAINTS

If you have any complaints in respect to the parts of this Site provided by Utmost Limited please write to: Customer Experience, Utmost Limited, 2nd Floor, Royalty House, Walpole Avenue, Douglas, Isle of Man IM1 2SL, British Isles.

If you have any complaints in respect to the parts of this Site provided by Utmost Ireland please write to: Utmost Ireland dac, Block E, Iveagh Court, Harcourt Road, Dublin 2, Ireland.

  • The information on this Site is provided for information purposes only and none of the information constitutes an offer to contract.

APPLICABLE LAW

The use of this Site in respect to any part of it provided by Utmost Limited is governed by the law of the Isle of Man and the Isle of Man courts shall have exclusive jurisdiction in respect of any dispute.

The use of this Site in respect to any part of it provided by Utmost Ireland is governed by the law of the Republic of Ireland and the Irish courts shall have exclusive jurisdiction in respect of any dispute.

Any waiver of such jurisdiction shall be at the discretion of the respective company as applicable. Such discretion to be exercised reasonably.

AVAILABILITY:

  • (i) We will endeavour to ensure that the Site is accessible for 24 hours a day. However, we will not be liable if, for any reason, the Site is unavailable at any time or for any period.
  • (ii) To the fullest extent permitted by applicable law we will not be liable for any loss or damage arising in contract, tort or otherwise if the Site becomes unavailable or is suspended for any reason.

 INFORMATION

  • Full product details are contained in the relevant product guide, key features document and policy documentation, copies of which can be obtained via an intermediary or directly from us. A decision to invest should not be made on the basis of this Site alone. If there is any conflict between the details given on this Site and the relevant literature applicable to any products offered or insurance contract written by us then, the product literature and policy documentation will be regarded as the authoritative documents.
  • The tax efficiency of bonds issued by Utmost Limited in the Isle of Man or Utmost Ireland in Dublin, Ireland may change and their value depends on the investor’s circumstances.
  • The information contained on this Site does not constitute investment advice, legal advice or tax advice and investors are strongly advised to obtain their own professional advice.
  • The information and features of this Site do not constitute any form of advice or recommendation by us and are not intended to be relied upon by users in making (or refraining to make) any specific investment decisions.
  • Information contained on this Site is provided for information purposes only and we will use all reasonable endeavours to ensure that it is accurate at the date of publication.
  • Due to the nature of the internet, there may be circumstances in which errors or omissions in the information may occur which are beyond our reasonable control. For example unauthorised access by a third party. Consequently, Utmost will not be liable for loss or damages arising whether for loss of income or revenue, profits, anticipated savings or, in contract, tort or otherwise, directly or indirectly from the use of or reliance upon any information contained on the Site, unless the accuracy of the information has been checked with us before reliance is placed upon it.
  • Valuations shown on the Site are the latest bid values (mid market for shares if applicable). We have and take no account of any surrender charges that may be incurred when surrendering the investment. It is assumed that all premiums due have been paid.
  • Please remember that the value of unit-linked funds can go down as well as up. There is no guarantee of the ultimate value of any investment (except where stated) or how much ‘income’ it can provide. The word ‘income’ refers to the regular payments of capital.
  • Past performance is not a guide to future performance.
  • Taking into account market fluctuations, currency fluctuations and initial charges, investors may not get back as much as they have invested.

 SECURITY AND AUTHORITY

  • We will take all reasonable steps to ensure that personal information is disclosed only to those specified by you or as otherwise set out in these Terms of Use. However, the internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
  • If you should choose to use a digital certificate to identify yourself to the Site (after registering it with the Site) then the responsibility for the security and management of that certificate is entirely with you. Utmost accepts no responsibility in managing the certificate nor can we be held responsible should the security of the digital certificate be compromised.
  • Utmost accepts no responsibility for transactions carried out using your ID and password provided to or chosen by you in connection with the use of this Site and/or digital certificate, whether or not the transaction is made by you or someone else using your ID and password and/or digital certificate. You are responsible for protecting and securing your ID and password and/or digital certificate from unauthorised use. If you believe there has been a breach of security you should contact us immediately.
  • You authorise Utmost to act upon all instructions received in respect of your account via the Site when your ID and password are used and which appear to Utmost to have been issued by you. Instructions given by you for a joint account are binding on all other joint account holders.

LIABILITY

  • The Site also contains hypertext links to other websites. The responsibility for those sites is that of the parties who are identified as providing those sites and we accept no responsibility for them or their use or the content of any other site.
  • Utmost cannot warrant that this Site is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of this Site.
  • Utmost reserves the right to change the content, presentation, user facilities and availability of any part of the Site at our sole discretion.
  • If you are an intermediary you agree to:
  • Accept responsibility for ensuring that the documents produced by you for use by clients and/or Utmost are accurate and complete.
  • Not use any hypertext links or documents on the Site so as to mislead a client or Utmost in any way about the content of the Site or a particular document. The intermediary agrees to indemnify Utmost for any loss arising as a result of the misuse of any hypertext links.
  • Accept responsibility for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from your inability to use or incorrect use of any material on this Site.
  • Fully indemnify Utmost for any losses, claims, costs or expenses suffered by the Utmost Group as a result of the intermediaries’ breach of this liability clause.

EMAIL

  • Utmost will not pass on your email address to any third party without your permission.
  • Occasionally we will email you to keep you up to date with new developments on the Site. In every email we send we will include instructions on how to unsubscribe so that you will not receive future emails. You may change your email address at any time and this can be updated on the Site.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

    • Utmost owns or is the licensee of the copyright and all other intellectual property rights subsisting in its databases made accessible via the Site and all material on this Site.
    • You are not permitted to download, redistribute or extract any information on this Site in whole or in part other than that information relating directly to your portfolio or insurance policy issued by Utmost, or, if you are an intermediary, to your client’s portfolios.
    • As an intermediary you agree:
    • Not to use any documents or related graphics appearing on the Site for any reason other than conducting business with any of the companies in the Utmost Group.
    • Not to modify or amend any document or related graphics which are available on the Site in any way other than for the purpose of completing the variable permitted within the particular document, for example the inputting of personal data relating to individual clients.
    • Not to reproduce or store any documents or other information contained on the Site in any manner whatsoever, other than the documents produced as a result of conducting business with any of the companies within the Utmost Group and instruments, orders, regulations and Codes of Practices (whether or not having the force of law) which may apply to that business.
    • To print the documentation in the form it appears on the Site for the purposes of conducting business with any of the companies within the Utmost Group only and not to part print any information or documents, including the accompanying logos, appearing on the Site.
    • Not to use any graphics which appear on the Site separately from the accompanying text.
    • That copyright and any other rights in the material available on the Site are owned or licensed by members of the Utmost Group.

AMENDMENT OF USE

  • Utmost may amend these Terms of Use at any time and such amendment shall apply to your use of this Site after such amendment.

PRIVACY STATEMENT AND COOKIES

  • We use the information you give us, about yourself and other people, to provide the products and services you request and to operate and improve the Site. In order to support those products and services and the Site, we transfer information between different entities within the Utmost Group and to appointed data processors, but we do not transfer information to other parties, unless required to do so by law or regulation. Unless specified in the applicable privacy notice and privacy statement (referenced below), we do not carry out marketing using the information or transfer, or sell, your personal information to others for marketing purposes.

 

  • You may choose to use some of the hypertext links to other sites that are set out in this Site. Some of those sites may be restricted and require the completion of further information by you. You are responsible for the accuracy of your personal information.

 

  • Utmost sends cookies to your computer from this Site when you are logged in. The cookies transferred by Utmost are only used for enabling your logged in session to work smoothly and to track your usage of this Site. They store only an internal ID and tracking information and are not used for any other purposes.  You may alter the cookies setting in your browser to prevent cookies from being transferred to your computer, but please be aware that if you do this you will not be able to use our secured Site.

 

  • Utmost has a comprehensive Cookies Policy which you may access here.

 

  • More details about how we use your information, your rights over this information and how you can exercise your rights can be found in the Utmost Limited Privacy Notice(s) or Utmost Ireland dac Privacy Statement(s) which you may access here.
  • Utmost will endeavour to protect any information that the intermediary inputs into this Site, however the internet is not necessarily a secure system and the privacy of the intermediary and/or its clients cannot be guaranteed. Utmost shall not be liable for any damages resulting from the misuse of personal data supplied by the intermediary on the internet. If you are in any doubt, you should not input any data.

YOUR ACCEPTANCE OF THESE TERMS

  • By accessing any part of this Site you shall be deemed to have accepted these terms in full with the relevant product provider.