PLEASE NOTE, THE SERVICES (AS DEFINED BELOW) PROVIDED BY FINANCIAL GUARDIAN SHALL BE SUBJECT TO AND PURSUANT TO SUCH DEFINITE DOCUMENTS AS SHALL FROM TIME TO TIME BE EXECUTED BY AND BETWEEN FINANCIAL GUARDIAN AND YOU AND BY THE RELEVANT BANK AND/OR AUTHORITY AND YOU.
FINANCIAL GUARDIAN IS NOT A REPRESENTATIVE, AGENT OR SUBSIDIARY OF ANY BANK OR OTHER FINANCIAL INSITUTE. FINANCIAL GUARDIAN CANNOT, AND WILL NOT, COMMIT AND UNDERTAKE THAT THE BANKS WITH WHOM WE WORK, AS PART OF THE SERVICES PROVIDED BY US, WILL ACCEPT AND APPROVE YOU AS THEIR CLIENT AND SUBSEQUENTLY OPEN A BANK ACCOUNT IN YOUR NAME OR ON YOUR BEHALF.
- Acceptance of Terms
Financial Guardianprovides the Services (as defined herein) to you, subject to the following terms of service (hereinafter: “TOS”) which may be updated by us from time to time without notice to you. It is important for you to refer to these TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOS. You can review the most current version of the TOS at any time at: http://www.financial-guardian.com/terms-of-service/.Your use of the Services constitutes your acceptance of the TOS.
Nothing in these TOS shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by these TOS, you may not use the Financial Guardian Services. In these TOS all references to “you” shall mean the user using the Service (as defined below).
- Service Description
Financial Guardian is an internet-based platform providing its users with the following services: (1) Professional assistance in the process of incorporating companies in various jurisdictions around the world; and (2) Professional assistance and guidance to companies in opening a bank account in various jurisdictions (hereinafter: the “Services”). Unless explicitly stated otherwise, any new services that replace or enhance the current Services, shall be subject to these TOS. Financial Guardian may change, suspend or discontinue any aspect of the Services at any time. Financial Guardian may also impose limits on certain aspects and services or restrict access to parts of or all of the Services without notice or liability. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Services, in whole or in part, to any third party. Financial Guardian may also offer other services from time to time, which are governed by different terms of services.
- Refund Policy
Upon cancellation of the Services by the Client, Financial Guardian shall refund the following percentages of fees paid, in accordance with the following table:
|Services||Cancellation after Transfer of Payment to FG||Cancellation after Transfer of Payment and Copy of Passport or receipt of Bank Documents by FG||Cancellation of Services Due to delay in Schedule by FG*|
|Company Formation||85% refund.||50% refund if documents have not yet been processed by FG.No refund if documents were already processed by FG.||85% refund.|
|Opening of Bank Account||50% refund.||No refund.||50% refund.|
*To remove any and all doubt, national holidays and acts of force majeure (“Force Majeure”) mean any acts, regulations or decrees of any government (de facto or de jure), natural phenomena such as earthquakes, floods and fires, riots, wars, acts of terror, strikes, freight embargoes, lockouts and other causes similar to the foregoing which are unforeseeable by the affected party using reasonable care and/or which are beyond the reasonable control of FG and which prevent FG from performing its respective obligations under this Agreement in whole or in part.
Please note, factors which are not dependent on FG but rather on third parties, may prevent FG from providing the Services under these TOS. Such factors include, without limitation, the client’s financial status and/or bank policies and/or domestic regulations.
- Representations and Warranties of Users
You hereby warrant and represent the following:
(a) No consent, approval, order, license, permit, action by, and/or authorization of and/or designation, declaration, from any person and/or entity on your behalf, is required, that has not been, or will not have been, obtained by you prior to your use of the Services;
(b) The use of the Services is based upon your own investigation, analysis and/or experience;
(c) You have such knowledge and experience in financial and business matters as to be able to evaluate the merits and risks of the Services. Your decision to use the Services was taken independently by you and you confirm that you did not rely on any representations, warranties, advice, opinion or any other information (verbally or in writing) from Financial Guardian and/or its respective officers, directors, employees and shareholders relating to the Services.;
(d) Due to the nature of the Services, you shall at all times act in accordance with the applicable law in any relevant jurisdiction and shall diligently comply with regulatory procedures, including, without limitation, banking regulations and financial services;
(e) You bear sole and absolute responsibility for any and all obligations resulting from requesting and receiving the Services, including, but not limited to payment obligations. You acknowledge and confirm that GBO will not be involved in any way and/or bear any responsibility for the operations or management of a company and/or bank account incorporated and/or created with the assistance of the services;
(f) You will not make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Services or any materials contained in it or engage in any activity constituting a violation of intellectual property rights.
- Copyright; Trademark
All materials contained in the Services are protected by copyright and are owned and controlled by Financial Guardian and/or its affiliates. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying or storing any part of the Services is expressly prohibited without prior written permission from Financial Guardian.
Financial Guardian and other service marks, trademarks and logos displayed on the Services (hereinafter: the “Financial Guardian Trademarks”) are the property of Financial Guardian Limited or its licensors. You agree not to display or use the Financial Guardian Trademarks in any manner.
Permission to use materials from the Services (hereinafter: the “Materials”) is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcasted in any media; and (c) No modifications of the Materials are made.
- Copyright Infringement (Compliance with the Digital Millennium Copyright Act)
In the event that you are a copyright owner or an agent of such a copyright owner, and believe that any content on FinancialGuardian.com infringes upon your copyright, you are welcome to submit a notification pursuant to the Digital Millennium Copyright Act and provide us with the following information in writing (see 17 U.S.C 512(c)(3) for additional information):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the allegedly infringing material or which is allegedly the subject of infringing activity, and which is to be removed, or access to which is to be disabled, as well as information reasonably sufficient to permit Financial Guardian to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that you may be liable for damages (including attorneys’ fees and other expenses) if you materially misrepresent or claim that information posted on our website is infringing your copyrights. Therefore, if you are uncertain whether certain materials infringe your copyrights, we recommend that you first obtain qualified legal advice.
- For the avoidance of any doubt, the User hereby undertakes not to display in public and/or for non-personal use any copyrighted materials of which the User is not the owner.
- Financial Guardian’s designated copyright agent to receive notifications of claimed infringement can be contacted at: http://www.financial-guardian.com. A notice that fails to comply with the terms mentioned above may not be valid.
- Service Content and Information
The Services contains information, advice, text, materials, pictures, video and other goods and services (collectively, the “Materials”) that are provided for your convenience only. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
The data and/or the information contained in the Website is, part or all, originated from third parties, including various websites on which Financial Guardian has no control or ability to supervise, and is provided to you “AS-IS” for your comfort and personal use only. Please be advised that such data and/or information may be changed and/or modified, and such changed and/or modifications may not be found in the Website.
You may not rely solely on the data and/or information and/or Materials that is provided by Financial Guardian on the Website. You are encouraged and advised to conduct your own research and authentication regarding the correctness of any of the Materials, data and information appeared on the Website.
The content provided by Financial Guardian with regard to the Services is by no means, now, or shall be in the future, regarded an offer and/or general, financial, investment, legal and/or tax counseling and may not be regarded a recommendation and/or opinion and/or a substitute to your own personal discretion.
Please be advised, that often, the information located on our website is opinion and not fact. We are glad to receive any comments you have with respect to the information posted on our website to: http://www.financial-guardian.com. It is your responsibility to independently verify any information which you intend to rely upon, and we expressly disclaim any responsibility with respect thereto. If you are aware of any information on our website which is factually inaccurate, hurtful or illegal, we urge you to inform us so that we may act immediately to correct this.
Third party advertisers may offer goods, services and other materials to you on the Services. Your correspondence and business dealings with advertisers found on or through the Services including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You acknowledge and agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Services.
Descriptions of, or references to, products or publications within the Services do not imply endorsement of that product or publication.
We do not represent or warrant that every action you take with regard to your activities on the Services will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Services.
The Services may contain hyperlinks to other World Wide Web sites which are not included as part of the Services (hereinafter “Other Site(s)”). If you use the hyperlinks to access these Other Sites, you will leave the Services and your browser will be re-directed to the Other Sites. Financial Guardian may not have reviewed the content of any Other Site, and, whether it has reviewed the content of any Other Site or not, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by Financial Guardian of any Other Site or resources, or their content. Financial Guardian is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Financial Guardian of the Other Site.
Any Other Site that links to the Services: (a) shall not create a browser or border environment around any of the content of the Services; (b) may link to, but not replicate, Financial Guardian content; (c) shall not imply that Financial Guardian is endorsing or sponsoring it or its products; (d) shall not present false information about Financial Guardian or its products or services; (e) shall not use Trademarks (as such term is defined below) without the prior written permission from Financial Guardian; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in these TOS, We reserve the right to deny permission to link to the Services from any Website for any reason in our sole and absolute discretion.
- Disclaimer of Warranties
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, DATA AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FINANCIAL GUARDIAN MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICES; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE WEBSITE USED ON OR ACCESSED THROUGH THE SERVICES; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICES BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. FINANCIAL GUARDIAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINANCIAL GUARDIAN DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE ASPECTS OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. FURTHER, FINANCIAL GUARDIAN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
FINANCIAL GUARDIAN SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FINANCIAL GUARDIAN BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES, EVEN IF FORESEEABLE OR FINANCIAL GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
WITHOUT DEROGATING FROM THE ABOVE, IN NO EVENT SHALL FINANCIAL GUARDIAN’S TOTAL AGGREGATE LIABILITY TO A USER, ARISING OUT OF OR RELATING TO THIS AGREEMENT, SHALL EXCEED THE AMOUNT PAID BY THE USER TO FINANCIAL GUARDIAN.
You agree to defend, indemnify and hold Financial Guardian harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these TOS, including, without limitation, your use of the Services. Specifically, without derogating from the generality of the foregoing, you agree to defend, indemnify and hold Financial Guardian harmless against any loss or damage arising from your unauthorized and/or unlawful use of the Services and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these TOS.
Notwithstanding the foregoing, Financial Guardian retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Financial Guardian herein under the terms and provisions of this Section 12 and in no event shall you settle any such claim without Financial Guardian’s prior written approval.
- Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COUNTRY OF ENGLAND, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
These TOS contains the sole and entire agreement between the parties with respect to the use of the ServiceS and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of these TOS or the intent of any provision of these TOS. It is the intent of the parties that neither these TOS, nor any covenant in these TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to these TOS. If any provision of these TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TOS.
Last Updated: December 30, 2014
Collecting your Personal Information
During your visit to Financial Guardian website, you will be asked to provide us with information that personally identifies you or allows us to contact you (hereinafter: “Personal Information”. This Personal Information may vary but will typically include your first and last name, e-mail address, address (country, city) and phone number.
In addition, in order to enjoy Financial Guardian’s Services and products, and specifically the incorporation of off-shore companies, you will be asked to fill an on-line automated form containing personal and commercial details, including, but not limited to, designated shareholders, designated directors, passport numbers, place of incorporation and the field of business of the designated company.
Financial Guardian may also collect non-personally identifiable information, including traffic statistics regarding page views; other technical information, including users’ Internet Protocol (IP) address and standard web log information; and supplemental information from third parties.
Use of your Personal Information
First, Financial Guardian may use your Personal Information to provide you with services and information you have requested. Second, Financial Guardian may also use your Personal Information to respond to specific inquiries made by you, to prevent potentially prohibited or illegal activities, and enforce our Terms of Service; and to customize, measure, and improve our services and content. Finally, Financial Guardian may use your Personal Information to notify you about special offers, products, services, and information that we think may be of interest to you. You can opt-out of receiving commercial e-mail from us at any time.
Financial Guardian will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary in order to: (a) conform to the edicts of the law or comply with legal process served on Financial Guardian or the site; (b) protect and defend the rights or property of Financial Guardian; (c) act in urgent circumstances to protect the personal safety of users of Financial Guardian, its website, or the public, and (d) provide you with certain services or products of Financial Guardian or any other third party, whether for commercial or other purposes.
Control of your Personal Information
From time to time, Financial Guardian may share personally identifiable information with third parties we have engaged to perform certain services in connection with the services provided to you by us, including customizing, measure and improving our services.
When you register, or otherwise give us Personal Information, Financial Guardian will not share your Personal Information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above.
Security of your Personal Information
Financial Guardian strictly protects the security of your Personal Information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under the conditions explained above.
Changes to this Policy
If you have any questions, comments, or requests regarding this Policy or the information practices of Financial Guardian, please contact us by e-mail at firstname.lastname@example.org