Agreement
This Internet Banking Agreement (the "Agreement")
governs your use of Itaú Private Bank International Internet Banking(“Internet
Banking”). In this Agreement, the following definitions
apply:
"You" and "your" mean an Internet Banking
customer, and "we," "us" and "our"
mean Itaú Private Bank International, as applicable.
"Deposit Account" means any deposit account you
may have with us.
"Bank Account" means your Deposit Account(s).
"Investment Account" means your Custody account,
Managed Fund Portfolio (“MFP”), and Managed Portfolio
(“MP”).
"Account" means both your Bank Account and your
Investment Account.
Your Deposit Account and use of Internet Banking are also
governed by the applicable deposit account agreement ("Deposit
Account Agreement"), which was provided to you when you
opened your Deposit Account. Your Investment Account is also
governed by the Application and Agreement for Investment Accounts
provided to you when you opened your Investment Account, and
any other terms and conditions which you have agreed to with
regard to your Investment Account (collectively, the "Investment
Account Agreement").
The words "Account Agreement" refer to the Deposit
Account Agreement or the Investment Account Agreement, as
applicable. Any terms that are not defined in this Agreement
have the same meaning as they have in the Account Agreement.
(a) General
Internet Banking is available over the Internet. You can use
a computer or other Internet-access device 24 hours a day,
7 days a week, except during scheduled maintenance periods,
to access your Account information.
You should never provide your ID and Password to a third
party. If you do so, you are authorizing that party to access
your Account information resulting from your providing your
ID and Password to that third party. We will not be liable
for and will not reimburse you for any losses that may occur
as a result of this authorized use of your ID and Password.
(b) Computer Requirements
In this Agreement, your computer, any software and the related
equipment, and any other Internet access device through which
we may offer access to Internet Banking, are referred to collectively
as your "Computer." You are responsible for the
installation, maintenance and operation of your Computer and
any losses or delays caused by your Computer. We are not responsible
for any errors or failures caused by any malfunction of your
Computer, and we are not responsible for any computer virus
or related problems that may be associated with the use of
Internet Banking or your Computer.
You are also responsible for all telephone charges incurred
in connecting to Online Banking and for charges by any service
provider providing connection to the Internet. We are not
responsible for losses or delays caused by your service providers.
(c) Linked Accounts
In order to access other Accounts through Internet Banking,
including your Investment Account, you must "link"
them to your Internet Profile by calling your Private Banker.
Please call 1-305-530-2400 or visit our offices for more information
on how to link your Accounts to Internet Banking. We reserve
the right to deny Account linkage under certain circumstances.
(d) Authorizations
You agree that the use of your ID and Password will have the
same effect as your signature.
When activating your username and enabling Internet accessibility,
you authorize Itaú Private Bank International to grant one or more
of its employees Internet access to your individual account
information.
(e) Disclosure of Account Information
Your use of this Website to access asset and account information
relating to the accounts you hold with Banco Itaú Europa
International, Miami, Florida and BIE Bank & Trust Bahamas Limited,
Nassau, Bahamas, constitutes your authorization and agreement
to disclosure of such asset and account information through
this Website and the Internet. Such disclosure may be inconsistent
with the protections afforded under the laws of the United
States and the State of Florida or the laws of The Commonwealth
of the Bahamas (as applicable) with respect to the confidentiality
of banking information. Your use of this Website further constitutes
your agreement that the actions of Banco Itaú Europa International
and BIE Bank & Trust Bahamas Limited, Nassau, Bahamas
taken in accordance with your use of this Website do not constitute
a violation of the banking confidentiality laws, respectively,
of the United States or the State of Florida, or of The Commonwealth
of the Bahamas, including, without limitation, any provision
of the Banks and Trust Companies Regulation Act, as well as
your agreement that you shall not hold Itaú Private Bank International or BIE Bank & Trust Bahamas Limited, Nassau, Bahamas, responsible
for any negative effect such use may have on the confidentiality
of asset and account information.
(f) Internet Banking
Online Banking allows you to perform the following functions:
(i) get Account balances and information up to the last 180
days activity on Bank Accounts from Banco Itaú Europa International
and BIE Bank & Trust Bahamas Limited; (ii) send messages to us;
(iii) View your Accounts separately or select custom views
of different Accounts; (iv) make valuation of balances in
different currencies; (v) view previous Account statements.
Email
Itaú Private Bank International will not honor any e-mail message
intended to initiate/authorize a banking or investment transaction.
For Account inquiries or transactions contact your Private
Banker by telephone. You also agree to receive
communications electronically from us regarding your Account.
You are deemed to have received any electronic messages sent
to you when we post them on the Online Banking message center.
We will not immediately receive Internet email that you send.
Therefore, you should not rely on email if you need to communicate
with us immediately.
(g) Limit of Our and Other
Providers' Responsibility
We agree to make reasonable efforts to ensure the full performance
of Internet Banking. We cannot assume responsibility for malfunctions
in communications facilities not under our control that may
affect the accuracy or timeliness of communications by you
or us. We are not responsible for any direct, indirect, special,
incidental or consequential damages arising in any way out
of your use of Internet Banking. WE MAKE NO EXPRESS OR IMPLIED
WARRANTIES CONCERNING INTERNET BANKING SERVICES, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY
PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED
BY LAW.
Internet Banking services, information and "look and
feel" are our proprietary property. You may not reproduce,
sell or distribute all or any portion of Online Banking.
(h) Business Days
Our business days are Monday to Friday, except holidays.
There may be other exceptions in our Account Agreement with
you.
(i) Fees
There is no fee for Internet Banking.
(j) When We May Disclose Information
To Third Parties About You or Your Account
We may be required by law to provide information about you
in response to a subpoena or court order, or a judicial process
or inquiries from regulatory authorities, or in accordance
with international treaties, conventions or other governmental
undertakings.
We also may provide general statistical information about
accounts held with us to third parties outside of the Banco
Itaú Europa family in connection with corporate transactions
or to protect against fraud, as permitted by law. In such
case, however, we do not disclose the identity of our account
holders.
In addition, we may find the need to provide general statistical
information about accounts held with us to our service providers
to help us process applications or service our accounts. Our
service providers may include billing and mail service companies,
computer systems consultants, insurers, attorneys or other
professionals. In most cases, we do not disclose the identity
of our account holders. In the event that we must disclose
the name of an account holder, we require our service provider
to sign a confidentiality agreement.
Except as described above, we do not provide information
about you to companies outside the Banco Itaú Europa
family unless you request and authorize us to do so.
(k) Ending the Online Banking
Agreement
You may terminate your right to use Internet Banking by notifying
us. You may not terminate another person's access to Internet
Banking. We may terminate your right to use Online Banking
at any time without notice.
(l) Amendments
We may amend or change the Agreement at any time. If the change
adversely affects you, we will give you notice prior to the
effective date of the amendment to the extent required by
applicable law.
(m) Governing Law
This Agreement is governed by the federal laws of the United
States and the laws of the jurisdiction in which the office
that holds the checking account linked to your Card is located,
unless otherwise required by federal or state law. Any issue
relating to an Account or service with us that you access
through Internet Banking shall be governed by the laws specified
in the agreement for that Account or service if there is a
separate agreement for that Account or service.
Banco Itaú Europa International and BIE Bank & Trust Bahamas Limited
Limited are wholly owned subsidiaries of Banco Itaú
Europa.
Investments in securities and mutual funds held in accounts
established at Itaú Private Bank International and BIE Bank &
Trust Bahamas Limited are not FDIC-insured, are not obligations of,
or guaranteed by Itaú Private Bank International or any other financial
institution, and are subject to investment risk, including
possible loss of the principal amount invested.
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