E-Banking General Terms of Service (“GTS”)

1. Object and scope: The e-banking services provided by Banca del Sempione (Overseas) Ltd. (hereafter the “Bank”) are described on its website. The Bank reserves the right to change its services at any time.The following provisions regulate the Bank e-banking terms of service for the Client and the Authorized User and they are in addition to the General Conditions and the Deposit Regulations, as well as other agreements signed with the Bank. In case of divergence, the GTS prevails regarding services that the Client and the Authorized User access via e-banking.
   
   
2. Contractual Basis:To access the e-banking services, the Client enters into a specific agreement with the Bank. The Bank provides the Client with the access codes for the e- banking platform, including a user number, password, and complement to the password/ token (hereafter “Access Codes“).
   
   
3. Authorized Users: For each account for which the Client has applied for e- banking services, the Client may designate one or more authorized persons to access and use the e-banking services (hereafter “Authorized Users” or “AU”). The AU will receive the Access Codes only upon his/her acceptance and, where necessary, subject to identification with an identification document pursuant to the regulation in force. The Client is responsible for ensuring that the AU complies with the GTS.Such Authorization will be valid and effective regardless of any other registrations or publications for other purposes and in any case until the Bank receives written revocation from the Client. In case of revocation, the Client shall be responsible for retrieving the Access Codes from the AU whose powers of access, viewing and use he/she/it is revoking.The Client acknowledges and accepts that the revocation of a traditional bank attorney in fact nominated on the form “Power of attorney and Authorized Signatures” filed with the Bank automatically triggers revocation of his/her authorization as AU for e-banking services, and vice versa. If the Client wishes to revoke only one of the two powers, he/she/it shall make express mention in the written revocation.
   
   
4. Independent Managers: The Client acknowledges that, where he/she/it has given an independent manager a power to manage assets, the latter may be authorized in writing for viewing his/her/its account on the e-banking platform becoming an AU. In such case, access is understood as authorized for the Independent Manager including his/her/its officers and/or staff members that the Independent Manager expressly designates as having viewing rights. The Independent Manager receives a copy of these GTS to acknowledge the terms therein, especially the security terms. In any case, the Client assumes the risk if the Independent Manager and its officers and/or staff members fail to comply with them.
   
   
5. Access to e-Banking Services: To have access to the e-banking services, the Client and any AU shall connect to the dedicated website through their own internet service provider. The Bank’s e-banking service does not provide, nor guarantees, the internet connection. The AU accessing the e – banking service must identify himself/herself/itself through a two-stage process:1) entering the user number and password in the appropriate fields; 2) entering the code provided by the token. For legal, compliance and/or data security purposes, the Bank may at times require the User to identify himself/herself/itself in other ways. In such cases, the User may contact the Bank through other communication channels (e.g. fax, telephone, or meeting with CRO).From the Bank’s perspective, whoever at the time of use identifies himself/herself/itself by making correct use of valid Access Codes for one or more accounts is authorized for access to such accounts registered for the e- banking service, according to the profile chosen by the Client, regardless of whether it effectively is the Client or AU. The Bank is expressly discharged of any obligation to make any further User identification checks and/or to verify the User’s powers.
   
   
6. Death and Incapacity: The Client agrees that the AU’s right of access and use of the e-banking services does not automatically end due to the Client’s death or sudden incapacity, but only if the heirs or other beneficial owners notify the Bank in writing. In such case, the heirs or other beneficial owners have the responsibility to recover the relevant Access Codes.If the AU dies or becomes incapacitated or is in any way unable to act and operate the e-banking services, the Client shall act to recover the Access Codes to avoid unintended use of them. Until the Client notifies the Bank in writing of one of the events described above, the Client assumes the risk of unintended use of the Access Codes.
   
   
7. Obligation of Diligence in Safeguarding Access Codes : The Bank provides the AU with the Access Codes. When the AU logs in for the first time, the system will require to change the password provided by the Bank.The AU shall keep the Access Codes in safe places, one separate from the others, and keep them secret from third parties and protect them from any abuse. In any case it is prohibited to note, record and/or save the Access Codes electronically on any kind of support.The AU shall also choose a password that cannot be easily guessed (e.g. telephone numbers, birth dates, etc.) and change it regularly.The AU shall also avoid responding to e-mails and telephone calls, even if apparently from the Bank, that solicits the communication of his/her/its Access Codes, and also immediately notify the Bank of any such circumstances. The Bank never asks for confidential information or personal data via e-mail or telephone.Access to and use of the public internet is the exclusive responsibility of the AU. The Client assumes the risk of any connection malfunction, including the consequences of any eavesdropping by third parties. The Client is responsible for learning and adopting all the necessary security measures as well as ensuring that the AU also adopts them. In detail, they shall use adequate protection programs and especially update their operating systems and browsers, adopt updated versions of antivirus and firewall programs, install security patches made available by individual companies, to protect computers and/or programs installed therein from any manipulation, tampering, eavesdropping, and abuse by unauthorized third parties, and reduce the potential attendant risks to a minimum. The User may visit the site www.ebankingbutsecure.ch to adequately learn about internet safety.The Client shall be responsible for ensuring that AU safeguard the Access Codes and make exclusive use of them. The Client assumes all risks that may arise from failure to meet these obligations.
   
   
8. System Requirements: For the optimal use of e-banking, the User must have hardware and software system equipped with necessary minimum requirements, as explained on the first page of the e-banking access. Otherwise the Bank does not guarantee that the service will operate properly.
   
   
9. Reporting of Abuse or Loss of Access Codes: Repeated attempts to input the wrong Access Codes trigger automatic stoppage of the e-banking service and a notice to the effect will appear online. In such case, the AU shall contact customer assistance and request new Access Codes. If the AU loses the Access Codes or part of them, if they are stolen, or in any case suspects abusive use of them by unauthorized third parties, the AU must immediately contact e-banking customer service center (see art. 14), suspend the contract, or personally trigger stoppage by repeated wrong entry of the Access Codes. The Bank will then replace them. The Client is liable for the risk arising from possible use of the Access Codes before the stoppage is in effect, which the Bank will implement in any case within a reasonable time period.
   
   
10. Availability of e-Banking Services: In principle, the e-banking services are available 24 hours a day, including weekends and holidays. However, the Bank does not guarantee the proper and uninterrupted functioning of the e-banking services.In any case, the Client acknowledges that the Bank may interrupt, suspend, limit, and/or modify the e-banking services at any time, without advance notice and for any reason, in particular for reasons of legal necessity, compliance, data security, technical maintenance, and/or e-banking services updating, or whenever it perceives the need by its un- appealable judgment. In any case, the Bank reserves the right to change the Access Codes at any time and without advance notice, for security reasons. The Bank will duly notify the AU of the new Access Codes within a reasonable period of time.
    
    
11. Information and Documentation Accessible through e- Banking Service: The e-banking services allow the AU to view and/or print asset data and documents regarding the Client’s account(s). Other forms of data reproduction are not allowed.The Client acknowledges that account balance information online is provisional, completeness is not guaranteed, and in any case it is not binding. Hence the Client accepts that solely the balance registered at the Bank is official.Moreover, the information and data does not represent in any way neither a recommendation nor an offer for products and services, nor a solicitation to execute transactions or conclude any legal dealing.In addition, though the Bank has adopted adequate technical and security measures to ensure the reliability, accuracy, and integrity of the information and documentation accessible through e-banking, malfunctions and manipulation by third parties are possible. For this reason all the data and information regarding the Client’s account(s) made accessible through the e-banking service are purely informative and do not replace the ordinary correspondence between the Bank and the Client. Neither the Client nor third parties can base any claim on such data and information.In any case, the accounting documents held by the Bank always prevail over any information and data made accessible through the e-banking service.
    
    
12. Market Transactions and Payment Orders: The Client acknowledges that no capital market transactions or payment instructions may be issued, transmitted or even communicated through the e- banking service.