Harbour View Cash Fund Online terms and conditions

Terms which apply to the use of Harbour View Cash Fund Online

Harbour View Cash Fund PLC ("HVCF")

General Online Terms and Conditions

These are the HVCF general online terms and conditions (Terms) that apply to the use of the HVCF Website by you and incorporate the provisions of the Offering Document, the Articles and the Application Form completed by you at the time of your initial subscription for Shares.  Please read these Terms carefully.  These Terms should be read in conjunction with HVCFs Offering Document and the Articles, copies of which are available from the Manager and online through HVCF’s website “download” section.  Words and expressions defined in the Offering Document have the same meanings when used in these Terms, unless the context otherwise requires. 

In these Terms “User” means you, as an existing holding of Shares in HVCF or where appropriate, an Authorised Person (as defined in 1.2 below).

1. Instructions

1.1 HVCF shall permit the User to access the HVCF website and the HVCF online facilities in accordance with these Terms.

1.2 Either the User(s) or any other person authorised by the User (each an Authorised Person) may operate the service and give Instructions.  A certified copy of the authority of each Authorised Person must be forwarded to the Manager prior to their use of the HVCF Website or the HVCF online facilities.

1.3 The User authorises HVCF and/or the manager of HVCF, Knox D’Arcy Asset Management Limited (KAM), to act upon any instruction given by the User (each, an Instruction) and made through the HVCF website, once authenticated by you, the User, using the required security procedure.

1.4 All Instructions, once given by the User, are irrevocable, unless the directors of HVCF determine, in their absolute discretion, to agree otherwise. 

1.5 HVCF will only act on an Instruction given during normal working hours on a Business Day and in accordance with the cut off times detailed in the Offering Document.

1.6 The User is responsible for all Instructions given from the time the User passes the security procedure and enters the service area until the User exits the service and for any errors or omissions when inputting information into the service  and the User should not leave the service unattended while still logged on to avoid unauthorised use of the service by any person.

1.7 HVCF does not guarantee that the service will always be available for use and shall not be responsible for any losses suffered by the User as a result of the unavailability of the service at any time.

1.8 HVCF may suspend the User's use of the service in its own discretion including, but not limited to, suspension for security reasons, or where HVCF has reason to suspect illegal, unauthorised or fraudulent use of the service by the User.  Unless there is a security or legal prohibition preventing notification,, HVCF will notify the User either before it takes action, or immediately after, and give reasons for doing so.

2. Security

2.1 The User shall keep all security details confidential and prevent them from becoming known to or accessible by any unauthorised person.

2.2 The User shall contact HVCF immediately if they suspect or believe that:

• a security device is lost, misused or stolen.
• any security details may be known to an unauthorised person.
• there has been any unauthorised use of the service.

2.3 The User acknowledges and agrees that telephone calls to HVCF by the User may be recorded.

3. Charges

The User shall pay HVCF's charges for the service as agreed and confirmed upon subscription for Shares or prior to provision of the service.

4. Changes

HVCF reserves the right to amend any element of the operation of the service, the HVCF website and relevant software at any time, subject to the provisions of the Articles and the Offering Documents.

5. Termination

5.1 The User may terminate the service by giving HVCF written notice at any time.

5.2 HVCF may terminate the provision of the service without notice and with immediate effect, or suspend or limit the User's use of the service, if:

• HVCF suspects that the security details or devices for the service have not been kept secure;
• HVCF suspects unauthorised or fraudulent use of the security details or devices relating to use of the service;
• any other circumstances exist or occur which cause HVCF to believe that the User's obligations to the HVCF may have been breached; or
• HVCF considers it appropriate for the User’s owns protection.

HVCF will notify the User of this action as soon as possible.

6. Regulatory Information

Issued by Knox D’Arcy Asset Management Limited, which is licensed by the Financial Services Authority in the Isle of Man.

Harbour View Cash Fund PLC is established in the Isle of Man as a Regulated Fund in accordance with the Isle of Man Collective Investment Schemes (Regulated Fund) Regulations 2017.

7. Electronic Communications

By accepting these Terms, you are agreeing to communicate with Us electronically.  We may communicate with you by email or by posting notices on the website.  You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

8. Force Majeure

No liability shall arise under these Terms if HVCF is prevented from fulfilling its obligations hereunder by reason of any supervening event beyond its control (including, without limit, any act of god, war, national emergency, fire, flood, strike or industrial action).

9. Governing Law

The laws of the Isle of Man apply to these terms and conditions.  The courts of the Isle of Man have non-exclusive jurisdiction.