This instrument (physical or electronic) contains the terms and conditions that will govern the legal relations between the parties in their commercial relationship for the contracting of products and services. Under this Agreement, the CLIENT may request, at any time, through the physical and/or electronic channels made available to him, various products and services, and the CLIENT may accept their granting, to which these general conditions and the particular conditions stipulated in each case will be applicable.
1 Responsibilities:
It is Guardline's responsibility to provide the products and services requested by the CLIENT. This liability does not include any loss or damage suffered by the CLIENT due to causes not attributable to Guardline due to the use of the software solution provided and which belong to Guardline.
2 Client's rights and obligations:
In addition to those indicated in the legislation and regulations in force, which it undertakes to comply with in all that is applicable with respect to this instrument, the CLIENT expressly accepts that:
3.1. It is your obligation to keep the personal data provided to Guardline up to date and to inform you of any changes, especially those relating to home address, work, email and/or telephone numbers.
3.2. For security, it is your obligation to change your password(s) periodically and/or when requested by GUARDLINE, and to adopt security measures in the use of electronic devices to avoid any type of improper entry by third parties. These security measures seek to protect the CLIENT and the GUARDLINE from malicious acts.
3.3. In case of loss, theft, theft or theft of the card(s) and/or password(s) and/or security codes and/or enablers assigned by the Guardline; or, of the associated cell phone and/or cell phone number; or, personal identification documents; or, in the event that unauthorized third parties have obtained information regarding them, it is the obligation of the CLIENT to notify the Guardline immediately through the physical or electronic channels established for the effect. Likewise, in the event of the loss, destruction or theft of the CLIENT's cell phone.
3.4. By using or accepting the products and services, you fully assume the associated risks, so you are obliged to inform yourself in advance of their conditions and characteristics established in the contract.
3 Term and Termination:
This instrument shall be valid indefinitely from the date of its electronic acceptance or subscription with a handwritten signature. The CLIENT may terminate it at any time, with prior notice duly notified to Guardline, through the channels and with the formalities established by the latter for this purpose.
Termination by the Guardline shall be effected upon thirty (30) days' prior notice to the CLIENT at the physical or electronic address provided by the CLIENT. In addition, the Guardline may declare this instrument terminated unilaterally and immediately, without the need for prior notification, if it detects:
a) Failure to comply with any of the conditions or obligations of the CLIENT established in this instrument or other contracts entered into in force.
b) For having received notification from the competent authority regarding money laundering or origin
illicit use of funds.
c) Any other cause that, in the opinion of the Global, justifies the termination or is provided for by law.
The termination of this instrument, for any reason, implies the cancellation of all products, services and that have been requested and provided based on it.
4 Banking by electronic means and channels:
4.1. Products and Services: The CLIENT may request the Global to provide products, services through electronic, electromechanical, mobile, telephone, Internet, technological devices or other similar electronic means and/or channels, as well as applications designed for mobile phones and smartphones, any other available method.
4.2. Acceptances of Conditions: THE CLIENT declares to be aware of the characteristics and conditions regarding the products and services offered by the Guardline, accepting them with the sole access or use of each product, service or banking operation, or through the Electronic Instructions transmitted through electronic means and channels.
5 Request and Acceptance of Products and Services:
The CLIENT may request and accept through physical and/or electronic means and channels, the products and services offered by the Guardline, which, if approved, will be granted in accordance with its internal policies.
6 Declarations and authorizations:
6.1. Statement:
The CLIENT, with the electronic acceptance or handwritten signature of this document, acknowledges that the declarations contained therein are made with full awareness, will and freedom, in order for the Guardline to provide the services, products and banking operations that it offers and the CLIENT requests, consenting that these declarations are applicable to each of the products, services to which he/she accesses and accepts through any of the physical or electronic means and channels, and consequently, declares that he/she accepts and is aware of the conditions, positions and responsibilities of each of them, having been informed clearly, accurately and satisfactorily through the different means used by Guardline for this purpose.
6.2. Use of personal data:
The CLIENT declares that he/she knows, delivers, accepts and expressly and voluntarily authorizes the Guardline to collect, store and use his/her personal data and other information that he/she provides, which may be used or shared with his/her cloud service providers.
6.3. Updating and verifying information: The CLIENT expressly and indefinitely authorizes the Guardline to carry out the analysis and/or verifications and/or validations that it deems pertinent, at its sole discretion, of the personal data and information provided by the CLIENT; Therefore, it authorizes the applicant to request, verify or consult any source of information that may be necessary, both internal and external, public or private, legally accessible.
6.4. Lawful Origin of Funds: The CLIENT declares that the funds subject to the transaction(s) related to his/her account(s) and other products, services and banking operations carried out or that will be carried out in the future by physical and/or electronic means and/or channels are lawful, do not come from/will not be used for any illegal or criminal activity, nor will he/she consent to deposits or transfers to/from his/her account(s) from these activities. It further declares that it has no relation whatsoever to money laundering, financing of terrorism and other crimes and other infractions provided for in the Organic Law on the Prevention, Detection and Eradication of the Crime of Money Laundering and the Financing of Crimes and in the Organic Law on the Comprehensive Prevention of the Socio-Economic Phenomenon of Drugs and on the Regulation and Control of the Use of Scheduled Substances Subject to Control.
The CLIENT expressly authorizes the Guardline to carry out the corresponding verifications and due diligence and to report immediately and documentedly to the competent authority(ies) in cases of investigation or when unusual and unjustified transactions are detected, for which the CLIENT will not exercise any claim or legal action.
6.5. THE CLIENT declares that he/she knows and accepts:
Ratification: That in accordance with the law, the use of security key(s) and/or code(s) and/or personal information and/or biometric records and/or any other Enabler, as well as the
Electronic instructions or data messages in general transmitted by the CLIENT to the Guardline are equivalent to his handwritten signature and will have the same legal effects as the latter; therefore, the CLIENT recognises the full evidentiary value of the computer or electronic media on which they appear.
Communications: In order to receive and send any communication or notification related to this instrument and the products, services or banking operations requested and provided based on it, you have provided the GUARDLINE with your cell phone number, home address and email address. You authorize Guardline to send data messages with security codes to validate the entry, transactions and/or acceptance of conditions of products, services and banking operations, as well as advertising, commercial or sales information.
Costs and expenses: All taxes, taxes or contributions generated by the provision of the products, services and/or operations requested by the CLIENT, which by law correspond to the CLIENT, will be at its own expense, charge and risk; as well as the other costs and expenses derived from the products, services and/or operations offered by the Guardline for the execution of the instructions transmitted by the CLIENT. will be at your exclusive expense.
7 Legislation and Dispute Resolution:
7.1. Governing Law: This instrument is subject to and governed by the legislation of the Republic of Panama, particularly by the regulations in force on monetary, financial, electronic commerce, consumer protection and procedural matters, the provisions of which are understood to be incorporated.
8 Acceptance:
The CLIENT declares to have read and know each and every one of the clauses of this instrument, as well as that doubts about the products have been resolved, with electronic acceptance or, alternatively and physically with the handwritten signature, expresses its acceptance and agreement. It constitutes the agreement of wills and law for the parties.
This contract is understood to have been entered into and shall have legal effect in the Republic of Panama.