These Website terms and conditions (“Terms and Conditions”) govern your (you/the “User’s”) access to and use of the SMT Fund Services (Ireland) Limited (SuMi TRUST) web site, sumitrustgas.com (the “Site”) and your receipt and use of any information obtained through the Site. Please read these Terms and Conditions carefully. By accessing or using this Site, you are acknowledging that you have read and understood these Terms and Conditions and agree to and are bound by and accept these Terms and Conditions. If you do not accept and agree to all of these Terms and Conditions please do not access the Site.
SuMi TRUST reserves the right to modify these Terms and Conditions. The User’s continued use of the Site following any modifications, changes or alterations shall constitute acceptance of same. These Terms and Conditions are to be read with the Terms contained on the www.sumitrustgas.com website.
The User is a delegate of a SuMi TRUST client (“the Fund”) and the User hereby confirms that it is authorised by the Fund whose information it is accessing to access and use the Site on behalf of the Fund and to receive reports and information in respect of the Fund as contained in the Site.
The Users’ access to and use of the Site is controlled through the use of passwords (the “Password”). Passwords are initially allocated to the User by SuMi TRUST, customised by the User and then distributed by the User to authorised personnel. The Password restricts access to the Site to Fund specific reports and information. The User is wholly responsible for anyone using its Password to access the Site and shall be accountable for and bound by their actions. It is the responsibility of the User to ensure the security of the Password and to ensure that all persons whom it authorises to use the Password keep it secure and that the use of information obtained from the Site is restricted to those purposes authorised by the Fund. You agree to immediately notify SuMi TRUST if you become aware of any of the following: (a) loss or theft of the Password; (b) unauthorized use of the Password or any unauthorized use of the Site; and (c) any other information which you believe compromises the security in the use of the Site.
Disclaimer of Warranties and Limitation of Liability
Although SuMi TRUST attempts to provide accurate information, documents and materials etc. (“the Content”) SuMi Trust disclaims any warranties and representations with regard to the Site or its Content including but not limited to warranties of title or accuracy, the Site being available, access being uninterrupted, there being no delays, failures, errors or omissions or loss of transmitted information and further disclaims any implied warranties of merchantability regarding fitness for a particular purpose, infringement of third party rights, and freedom from contamination or viruses. The Site, including without limitation, the Site content and features is provided on an “AS IS” “WITH ALL FAULTS” and “AS AVAILABLE” basis. Use of the Site is at the User’s sole risk.
SuMi Trust, its subsidiaries, affiliates, contractors or their respective directors, officers or employees will not be liable to the User or to any third party for any damage, expense, claim or loss, including loss of profits (anticipated or otherwise), loss of markets, economic loss, direct, indirect, special indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of (or inability to use) the Site by the User, or anyone else, or for any decision made or action taken by the User in reliance upon the Content.
The User acknowledges that the Internet cannot be guaranteed to be completely secure. Messages are subject to possible interception, failed transmission or alteration. The User agrees that SuMi Trust is not responsible for the security of the Internet or any interception, failed transmission or alteration during transmission of messages and SuMi Trust will not be liable to the User, the Fund or any third party for any loss, damage, liability, expense or claim resulting there from or otherwise in connection with the use of the Internet or any message sent by the User to SuMi Trust or vice versa by way of the Internet.
The User confirms it shall carry out the processing of data (as such term is defined in the UK and Irish Data Protection Acts as amended from time to time) relating to shareholders/unitholders of the Fund only as permitted and where appropriate, in accordance with the instructions of the Fund.
The User shall take all reasonable steps to implement all technical security and organisational measures necessary to comply with its obligations and to ensure compliance by all persons connected to it or who have access to the data. The User shall take the appropriate security measures against the unauthorised access to, or unauthorised alteration, disclosure or destruction of the data and against all other unlawful forms of processing.
Third Party Links
SuMi TRUST may establish links between this Site and other web sites. SuMi TRUST does not control any third party site and makes no representations concerning the completeness or accuracy of the content of any such site and expressly disclaims any liability with respect thereto.
Links to SuMi TRUST’s Web sites
You shall not display hyperlinks on your web site to any web site owned or operated by SuMi TRUSTS its affiliates or subsidiaries.
Copyright, Patents, Trade Marks and Other Intellectual Property Rights and Use of the Site
The User acknowledges that any and all of the copyright, trade marks, trade names, patents, and other intellectual property rights subsisting in or used in connection with the Site shall be and remain the sole property of SuMi TRUST or such other party as may be identified therein or thereon (the “Owner”).
The User shall use the Site solely for the purpose of internal reporting and analysis in the ordinary course of the User’s business with respect to the Fund. The User may copy download or temporarily store extracts from the Site for the foregoing purpose only provided that such extracts are not modified, varied, enhanced, (other than customising reports using the facility provided on the Site) copied, sold, leased, licensed, sub-licensed or otherwise altered in a manner which might indicate that the altered information was produced or came from SuMi TRUST.
In addition to prohibitions imposed by law you are prohibited from intentionally breaching or attempting to breach the security of the Site, including without limitation 1) accessing data not intended for you or logging into a server or account which you are not authorised to access 2) attempting to penetrate scan or test for vulnerability in a system or network or to breach security or authentication measures without proper authorisation 3) attempting to interfere with ordinary service to any user, host or network, including without limitation, via submitting a virus or “Trojan horse” or 4) sending unsolicited electronic mail including promoting and or advertising of products or services. Breaches or attempted breaches of system or network security may result in civil and or criminal liability. SuMi Trust will investigate any such occurrences and may involve and co operate with law enforcement authorities in prosecuting offenders.
The User shall indemnify SuMi TRUST, its subsidiaries, affiliates, contractors and their respective directors, officers or employees and any agent thereof and hold them harmless from and against all or any losses, liabilities, costs or expenses however arising (including without limitation any legal costs and other charges incurred in attempting to enforce this indemnity and any amounts paid in settlement of or any claim by the Fund or any third party) which SuMi TRUST, its subsidiaries, affiliates, contractors or their respective directors, officers or employees and any agent thereof may suffer by reason of the User’s access to and/or use of the Site or the services connected to the Site, violation of these Terms and Conditions or any harm caused to another user.
These terms and conditions and use and access to the Site are governed by the Laws England and the Laws of Ireland as applicable. The English Courts or the Irish Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with these terms and conditions, or use or access to the Site in relation to the UK Entities or the Irish Entities as may be applicable.