Website
This website found at aztec.group (the “Website”) is operated by Aztec Group Limited for and behalf of the Aztec Group and contains information about the range of services offered by the Aztec Group. You should read the information set out below before using the Website. This sets out the legal and regulatory provisions applicable to the content of this Website. By accessing the Website, you agree to be bound by these terms and conditions (these “Terms”). Before using this Website you should read the Terms carefully as well as our Cookie Notice and General Privacy Notice.
References to the Aztec Group within this Website may mean Aztec Group Limited, Aztec Financial Services (Jersey) Limited, Aztec Financial Services (Guernsey) Limited, Aztec Financial Services (Luxembourg) S.A., Aztec AIFM Services S.A., Aztec Financial Services (UK) Limited, Aztec Fund Administration LLC, Aztec Financial Services (Ireland) Limited, Aztec Fund Services (Ireland) Limited, Aztec Depositary Services (Ireland) Limited or any other subsidiary or trading style of Aztec Group Limited (collectively, the “Aztec Group”).
In these Terms, when we refer to “we“, “us” or “our“, we mean the Aztec Group; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
Please read these Terms carefully. By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree with these Terms, or to any changes to these Terms, you must not use our Website. We recommend that you print a copy of these Terms for future reference.
The materials contained in this Website are provided for general information purposes only and do not constitute legal or other professional advice. Any reliance you place on such information is strictly at your own risk. Aztec Group disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.
Aztec Group reserves the right to amend these Terms in its sole discretion from time to time. Aztec Group will post any such changes on the Website, and changes are effective immediately upon posting. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website. Your continued access to or use of the Website following any such changes constitutes your acceptance of, and agreement to be bound by, such new terms and conditions.
The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
Acceptable Use
You agree not to:
- use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
- copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
- do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Copyright and Ownership
The copyright in the Website and in the downloadable documents on the Website is owned by or licensed to the Aztec Group unless otherwise noted. Specifically, the trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Website and any and all information and content available through the Website (including policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to the Aztec Group or its licensors and are protected by intellectual property rights and unfair competition and other laws. Such rights are reserved.
You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for personal use by you, subject to the following conditions:
- the pages, or any portion of them, may be used only for general informational purposes; and
- any copy of the pages, or portion of them, must include the copyright notice, or the original heading identifying the Aztec Group or the relevant group entity
No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
Third Party Links
From time to time, the Aztec Group may provide links from the Website to web sites operated by third parties. Aztec Group’s decision to do so is in no way an endorsement of these web sites. Aztec Group assumes no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Aztec Group will not be liable for any loss or damage that may arise from your use of them. Aztec Group does not monitor, edit or control such third party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Website. If you have any questions regarding a linked web site, please direct them to the administrator of the relevant web site. Aztec Group reserves the right to terminate any link at any time.
Corporate Information
Aztec Group Limited
The services offered by Aztec Group Limited are provided by the following group entities:
JERSEY
- Aztec Financial Services (Jersey) Limited is registered in Jersey with Registration Number 79047
- Aztec Trustees (No. 1) Limited is registered in Jersey with Registration Number 95948
- Aztec Trustees (No. 2) Limited is registered in Jersey with Registration Number 95949
- Aztec Nominees Limited is registered in Jersey with Registration Number 85200
GUERNSEY
- Aztec Financial Services (Guernsey) Limited is registered in Guernsey with Registration Number 44430
- Aztec Nominees (Guernsey) Limited is registered in Guernsey with Registration Number 46752
LUXEMBOURG
- Aztec Financial Services (Luxembourg) S.A. is registered in Luxembourg with R.C.S. Number B131192
- Aztec AIFM Services S.A. is registered in Luxembourg with R.C.S. Number B285447 .
UNITED KINGDOM
- Aztec Financial Services (UK) Limited is incorporated in England and Wales with Company Number 05702040
UNITED STATES
- Aztec Fund Administration LLC is incorporated and registered in Delaware, in the United States, as a limited liability company with Company Number 7756843
IRELAND
- Aztec Financial Services (Ireland) Limited is a private limited company registered in the Republic of Ireland with Registration Number 710281
- Aztec Fund Services (Ireland) Limited is a private limited company registered in the Republic of Ireland with Registration Number 710280
- Aztec Depositary Services (Ireland) Limited is a private limited company registered in the Republic of Ireland with Registration Number 710282
- Aztec Administration Nominees (Ireland) Limited is a private limited company registered in the Republic of Ireland with Registration Number 712828
Registered Offices
The registered office addresses of the group companies in each jurisdiction are as set out below:
GUERNSEY
Box 656, East Wing
Trafalgar Court, Le Banques
St Peter Port, Guernsey
GY1 3PP
JERSEY
Aztec Group House
IFC6, The Esplanade,
St Helier
Jersey JE4 0QH
LUXEMBOURG
8, rue Lou Hemmer
L-1748 Senningerberg
Grand Duchy of Luxembourg
UNITED KINGDOM
Forum 4, Solent Business Park
Parkway South, Whiteley
Fareham, PO15 7AD
UNITED STATES
850 New Burton Road, Suite 201
Dover, Kent
Delaware, 19904
IRELAND
The Garrison, 31-32 Leeson Street Lower
Dublin 2,
Dublin, D02 KA62
For any specific enquiries please see our contacts page here.
Applicable Regulation
The activities of the Aztec Group are regulated by the following regulatory authorities in each of the jurisdictions in which it provides services:
- in Guernsey, Aztec Financial Services (Guernsey) Limited is regulated by the Guernsey Financial Services Commission under The Protection of Investors (Bailiwick of Guernsey) Law, 2020, as amended, and under The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2020, as amended.
- in Jersey, Aztec Financial Services (Jersey) Limited is regulated by the Jersey Financial Services Commission to carry on fund services business and trust company business under the Financial Services (Jersey) Law 1998, as amended.
- in Luxembourg, Aztec Financial Services (Luxembourg) S.A. is regulated by the Commission de Surveillance du Secteur Financier as Professional of the Financial Sector, in accordance with the law of 5 April 1993 relating to the Financial Sector, as amended and Aztec AIFM Services S.A. is authorised and regulated by the Commission de Surveillance du Secteur Financier as Alternative Investment Fund Manager in accordance with Chapter 2 of the Luxembourg AIFM Law of 12 July 2013.
- in the UK, Aztec Financial Services (UK) Limited (Firm Reference Number: 524081) is authorised and regulated by the Financial Conduct Authority under the Financial Services and Markets Act 2000.
- In Ireland, Aztec Financial Services (Ireland) Limited is authorised by the Department of Justice under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended to act as a trust or company service provider, Aztec Fund Services (Ireland) Limited is regulated by the Central Bank of Ireland to provide fund administration services and Aztec Depositary Services (Ireland) Limited is regulated by the Central Bank of Ireland to provide depositary services, each under the Investment Intermediaries Act 1995, as amended.
Details of the specific consents granted can be obtained from the websites of the respective regulatory authorities.
Limitation of Liability
While every effort has been made to ensure that the information contained on the Website is complete and accurate at the date of publication, the information, materials and opinions contained on the Website are for general information purposes only, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Aztec Group does not warrant the adequacy, accuracy or completeness of the information contained on the Website, and does not accept any liability arising from any inaccuracy or omissions in or the use of or reliance on the information contained within the Website to the maximum extent not prohibited under applicable law. Neither the Aztec Group Limited nor any other Aztec Group entity accepts any responsibility for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable) arising under or in connection with the use of, or inability to use, the Website, or which may arise from use of, or reliance on, any information or materials published or available for download from the Website to the maximum extent not prohibited under applicable law.
We have no liability to you for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) or for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
Nothing in these Terms excludes or limits our liability (or the liability of our affiliates or persons) for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability, including under the regulatory systems of the jurisdictions in which we operate.
Disclaimer of Warranties
The Website and content are provided “as is” and “as available” and, to the maximum extent not prohibited under applicable laws, are provided without warranties, claims or representations made by the Aztec Group, either express, implied or statutory, with respect to the Website, including warranties of quality, performance, non-infringement, merchantability, fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Aztec Group further does not represent or warrant that the Website and content will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arousing out of the use or performance of the Website remains with you to the maximum extent not prohibited under law.
Indemnity
By using the Website, you agree that you will be solely responsible for, and that you will defend, indemnify and hold the Aztec Group, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms or otherwise resulting from your use of the Website. Aztec Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which it is entitled to indemnification, but you must still indemnify Aztec Group for all liabilities, losses or damages. You agree to provide the Aztec Group with whatever cooperation it reasonably requests.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one year from the date you become, or ought reasonably to have become, aware of having grounds to make a claim in respect of the event. Otherwise, such cause of action or claim is permanently barred, unless required by law.
Suspension and termination
If you breach any of these Terms, we may immediately do any or all of the following (without limitation): (i) issue a warning to you to take further legal action against you; (ii) temporarily or permanently withdraw your right to use the Website; (iii) issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); (iv) take further legal action against you; and/or disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
Other important information
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Governing law and jurisdiction
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the Island of Jersey. We both agree to the exclusive jurisdiction of the courts of the Island of Jersey.
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of the Island of Jersey. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of the Island of Jersey. You can bring proceedings in respect of these Terms in the courts of the Island of Jersey. However, if you are a consumer, and if you live in a European Union Member State you can bring legal proceedings in respect of these Terms in the courts of that Member State. As a consumer, if you are resident in the European Union and we direct the Website to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here.
Terms last updated 27 June 2024