Access to eServices
Access to eServices is strictly discretionary, and the Maples Group is free to decide, in relation to any person whomsoever, at any time and at its sole discretion, whether or not to grant access to eServices, revoke any previously granted access to eServices, or vary the extent to which access to eServices is granted.
If and to the extent eServices is made available to a client of the Maples Group, only its Authorised Users (as defined below) may access eServices upon being issued a the user name, password, PIN, and other credentials required to access eServices and the Contents (collectively "Authentication Credentials").
You can be an Authorised User only if:
your business is a client of the Maples Group, and your business has appointed you as a person who is permitted to access the Contents through eServices; or
your business acts as a service provider to a client of the Maples Group, and the relevant client has requested that access to the Contents through eServices be granted to you in your capacity as a service provider to that client,
provided that a member of the Maples Group has agreed to grant you with access to eServices. The Maples Group reserves the right to refuse to provide you with access to eServices, revoke your access to eServices, or vary the extent to which you may access eServices, at any time at its sole discretion.
If you are an Authorised User and would like to be issued with Authentication Credentials, or if you would like to become an Authorised User, please reach out to your usual Maples Group contact.
Responsibility for the operation of eServices
Where eServices is made available to your or your client’s business, only the Maples Group entity which has agreed to make eServices available to your or your client’s business will be responsible for providing access to eServices and the Contents (as defined below).
If you are not sure which particular Maples Group entity is responsible for the operation of eServices in the context of access granted to your (or your client's) business, please reach out to your usual Maples Group contact.
Contents available through eServices
Through eServices, you can view, print, and download various documents, records, and information relating to the entities within your (or your client's) business that receive services from the Maples Group (collectively the "Contents").
The Contents vary depending on the context, but may include, without limitation:
core entity information, including the capital structure of your (or your client's) business;
registers of directors, officers, managers, shareholders, interest holders and partnerships relating to your (or your client's) business;
constitutive documents, including by-laws, operating agreements, memorandum and articles of association and partnership agreements relating to your (or your client's) business;
minute book documents, including certificates, resolutions and board and shareholder minutes relating to your (or your client's) business; and
such other documents and records as the relevant Maples Group entity may agree to make available to your (or your client's) business through eServices.
The Maples Group reserves the right at any time to change or remove the Contents, in part or whole, temporarily or permanently, at its sole discretion, and without giving any notice.
The Contents are provided for your information purposes only, and you rely on the Contents at your own risk. Neither the Contents nor any other statements made on eServices must be construed as providing any advice and must not be relied upon in making or refraining from making any decision in relation to your (or your client's) business, whether for the purpose of investment, tax planning, or otherwise.
To the extent the Contents include links to other websites that are not controlled by the Maples Group, such links are provided for your information only and should not be interpreted as approval or endorsement by the Maples Group of those linked websites or any information available through such websites. The Maples Group accepts no liability or responsibility whatsoever for any other sites which may be accessed through the Contents that are not controlled by the Maples Group.
eServices may include information and materials uploaded by third parties or other users of eServices. This information and these materials have not been verified or approved by the Maples Group. The views expressed by third parties or other users on eServices do not represent the views or values of the Maples Group.
Privacy of personal information handled through eServices
Any personal information the Maples Group handles through eServices will be handled in accordance with the applicable data protection law as well as the eServices Privacy Notice, which explains what types of personal information are handled, why and how in connection with the operation of eServices.
The eServices Privacy Notice can be found on the Maples Group's website at https://maples.com/privacy. A link to it is also provided within the log-in page of eServices.
Warranties and liabilities in relation to eServices and the Contents
Please note that eServices as well as the Contents are provided strictly on an 'as is' and 'as available' basis. While the Maples Group makes every effort to maintain eServices and the Contents, the Maples Group does not make or give any representation, warranty, or guarantee of any kind whatsoever in relation to eServices or the Contents, whether express or implied at law (to the extent permitted by the applicable laws). Maples does not offer any support for configuring your devices, operating system, software and/or other information technology to access eServices and/or the Content.
Without limiting the generality of paragraph 6.1 above, the Maples Group does not give any representation, warranty, or guarantee in relation to any of the foregoing:
the functionality, compatibility, accessibility, availability, or responsiveness of eServices;
the absence of error or defect in eServices or the Contents;
the security or confidentiality of connection to eServices;
the absence of viruses, Trojans, worms, and other malware or harmful components in eServices or the Contents;
the availability of the Contents in specific language, files types, or format; or
the accuracy, currency, reliability, relevance, completeness, suitability, timeliness, or non-infringement of the Contents,
each to the maximum extent permitted by the applicable laws.
Unless expressly agreed otherwise in any agreement, no member of the Maples Group will in any way whatsoever be bound by or be liable for eServices or any of the Contents, including in relation to any grant of access to eServices, any refusal to grant access to eServices, or any change to or removal of eServices or the Contents.
Intellectual Property Rights in eServices and Contents
To the maximum extent permitted by the applicable laws:
all of the rights, titles, and interests (including all patent rights, rights in inventions, copyrights, moral rights, design rights, rights in trademarks, database rights, rights in trade secrets, and all other rights that are analogous or ancillary to such rights; collectively "Intellectual Property Rights") in or to eServices and the Contents vest in and remain with the Maples Group, or the relevant third party licensor, as applicable; and
You may be able to create and/or upload documents and other content ("User-Generated Content") on eServices. You are solely responsible for your conduct on eServices and any User-Generated Content (including its accuracy and completeness) that you submit, upload or display while using eServices. You warrant that you own or hold all necessary permissions, licences and/or consents to submit, upload and share such User-Generated Content onto eServices. By submitting the User-Generated Content to eServices, you grant to the Maples Group a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use the User-Generated Content in accordance with the functionality of eServices.
Restriction on use of eServices and the Contents
You must not access eServices and the Contents unless you are an Authorised User (see Section 2 above).
If you become an Authorised User pursuant to paragraph 2.3(a) above, you may access and use eServices only for the purposes and in the capacity for which you are authorised to access and use eServices by your business.
If you become an Authorised User pursuant to paragraph 2.3(b) above, you may access and use eServices solely in your capacity as a service provider to the relevant client, and not in any other capacity.
If you are an Authorised User, you must:
take all reasonable precautions to prevent the unauthorised or improper use or access to eServices and the Contents, including, without limitation, by keeping the Authentication Credentials issued to you secure and refraining from sharing them with any other person;
ensure that your devices, operating system, software and/or other technology are configured in a suitable way to access eServices and/or the Content;
ensure that the device you use to access eServices is securely protected and uses virus protection software;
not circumvent or attempt to circumvent the access control and other forms of security control that apply to eServices, or otherwise obtain or attempt to obtain unauthorised access, through whatever means, to eServices and the Contents;
not engage or attempt to engage in any activity which in any way adversely affects the operation or availability of eServices or the Contents, whether through introduction of viruses, Trojans, worms or other malware, denial-of-service attack or a distributed denial-of service attack, social engineering, or otherwise. You understand that a breach of this provision may be a criminal offence and the Maples Group may take all such actions as it considers necessary or appropriate at its sole discretion on suspecting such activity, including but not limited to suspending your account and notifying the relevant authorities;
immediately notify the Maples Group's information security team by emailing email@example.com if you become aware of anything which puts, or could potentially put, the security of eServices or the Contents at risk in any way (for example, you suspect that your Authentication Credentials were compromised, you learn that your colleague who was also an Authorised User has left your business, you learn that documents relating to your business are accessible through eServices to someone who is not an Authorised User, and so on);
treat all of the information you learn by accessing eServices (including any information which forms part of the Contents, as well as any information you deduce by using the Contents) as confidential and refrain from disclosing the same to any person who is not an Authorised User in relation to your (or your client's) business, unless:
that person is permitted by the Maples Group to learn such information;
that person is permitted by your business to learn such information (if you became an Authorised User pursuant to paragraph 2.3(a) above);
that person is permitted by the relevant client of the Maples Group to learn such information (if you became an Authorised User pursuant to paragraph 2.3(b) above);
you or your (or your client's) business is compelled to disclose the information in question by law or by order of a court of competent jurisdiction or any other regulatory authority or governmental body having jurisdiction over you or your (or your client's) business.
promptly notify your usual Maples Group contact, to the extent permitted by the applicable law, if you or your (or your client's) business is compelled to disclose any information in circumstances where sub-paragraph (g)(v) above applies;
promptly notify your usual Maples Group contact if you become aware of any issue which adversely affects the quality of the Contents (for example, you notice that the records relating to your or your client's business uploaded to eServices are inaccurate, incomplete, or outdated);
not alter, reverse engineer, disassemble, decompile, or copy eServices or the Contents in part or whole, or otherwise do anything which infringes or might infringe the Intellectual Property Rights in eServices or the Contents owned by the Maples Group or the relevant third party licensor;
not link, combine, or merge eServices or the Contents, in part or whole, with or into any other computer programmes or websites, whether through the use of API or otherwise;
not disrupt, damage, interfere with, or otherwise do anything which in any way adversely affects the operation of eServices; and
not upload any User-Generated Content that is or may be: (i) abusive, defamatory, libellous, pornographic, obscene, threatening or represents an invasion of privacy; (ii) infringing or misappropriating the Intellectual Property Rights of any third party; or (iii) illegal in any way or that advocates, encourages or promotes any illegal activity.
temporarily or permanently revoking access to eServices by your (or your client’s) business;
temporarily or permanently revoking your Authentication Credentials or otherwise varying the extent to which you can access eServices and/or the Contents;
bringing the breach to the attention of those within your business who have managerial responsibility over you (if you were granted access to eServices pursuant to paragraph 2.3(a) above);
bringing the breach to the attention of your client (if you were granted access to eServices pursuant to paragraph 2.3(b) above); and
applying for injunction to compel you or your (or your client's) business to take, or refrain from taking, specific actions.