Brown Shipley Fund Management - Terms Of Use

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Terms Of Use

Please read the following information, which sets out the basis upon which access to the Brown, Shipley & Co. Limited website ('Site') and On-line services is made available. The information on this Site is intended solely for people who are resident in the United Kingdom for tax and investment purposes and should not be relied upon by any other persons outside the United Kingdom.

1. Introduction
1.1 Certain areas of the Site ('Private Area') will only be available to you if you are our client and have accepted our Terms in writing. See paragraph 9 for registration procedures.

1.2 Whilst we will endeavour to retain the Site as operational, certain technical difficulties may arise from time to time which may result in service interruption, therefore we can give no guarantee that our Site will remain available for access at all times.

2. Material
2.1 Brown, Shipley & Co. Limited ('Brown Shipley', 'we' or 'us') or our licensors own all copyright and other intellectual property rights in relation to the material and content available on the Site or which is sent to you by e-mail ('Material') and in relation to the services offered and the concepts reflected in the Site ('IPR'). Material is available for your sole use and shall not be used by you for any commercial purposes. Except as expressly permitted, you are not entitled to reproduce, modify or in any other way use or supply the Material.

2.2 You acknowledge that it is your responsibility to evaluate Material and that you are not to place any reliance upon the completeness, accuracy or usefulness of any Material or any opinion expressed by us on the Site. Nothing on the Site should be taken to constitute a recommendation by us or to constitute advice by us to you, it being your sole responsibility to take your own professional advice in relation to such Material.

3. Regulatory/financial
Brown Shipley is a trading name of Brown, Shipley & Co. Limited, is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Brown Shipley's parent company is KBL European Private Bankers (KBL), which, from Luxembourg, heads a major European network of private bankers.

Registered in England and Wales No. 398426. Registered office: Founders Court, Lothbury, London EC2R 7HE. 

We emphasise and draw your attention to the fact that any investment involves potential risks. You should be aware that past performance is no guarantee of future performance and the value of investments and the income from them can fall as well as rise and may be affected by exchange rate movements between currencies. An investor may not get back the original amount invested. Any tax relief mentioned is that currently available, subject to change and dependent upon individual circumstances.

Brown Shipley is a participant in the Financial Services Compensation Scheme established under the Financial Services & Markets Act 2000 which, subject to certain exceptions, provides limited compensation in respect of eligible liabilities if we are declared in default.  Most deposits, including those made by individuals and small firms, are protected by the Financial Services Compensation Scheme.  Where you make a deposit with us, payments under the scheme are limited to 100% of the first £50,000 of your total deposits with us.  For joint deposits both partners would be eligible to receive up to a total of £50,000 each.  Further information can be obtained from the Financial Services Authority Compensation Scheme.

If you are in any doubt about the information contained in this website or you are unsure whether any of the investments are suitable for you, we strongly recommend that you contact your financial adviser, your stockbroker, lawyer, accountant, bank manager or other professional adviser.

4. Trademarks and copyright
All copyright and other intellectual property rights in relation to the Site are our property or the property of our licensors and all rights are reserved. You shall not copy, reproduce, transmit, store or modify the content of this Site or use any such trademarks or trade names, including but not limited to our registered trademark Brown Shipley, without our prior written consent.

5. Links
You may be entitled to link from the Site to the websites of third parties ('Third Party Sites'). We have no control over the content of such sites and therefore cannot accept any responsibility for any material that is accessible from such sites and cannot guarantee that such sites will remain available for access. In particular, but without limitation, we have no liability to you in respect of any loss or damage that you incur through placing reliance upon any information or material accessible on such sites or as a consequence of you being unable to link to Third Party Sites from our Site. You will not create any hypertext links to any part of the Site without our prior approval.

6. Changes to these terms
We may, at our sole discretion, change these Terms. If we do so, we shall post a change notice on our Site indicating the change and by continuing to access the Site, you shall be deemed to have accepted such change.

7. Money Laundering
Under the money laundering regulations we are required to obtain evidence of an investor's identity. The services to be provided by us and any investments are subject to satisfactory documentatry evidence of identity.

8. Privacy and Data Protection
We take the privacy of our users seriously and are committed to protecting your personal information and registration data. For ethical reasons, we do not use cookies to collect information. As with the majority of websites, we collect generic statistics on the number of visitors to our Site and their browsing habits, however, such information will not allow us to identify the visitors to the Site.

Any personal information that is provided to us through this Site will be held in confidence and in accordance with the Data Protection Act 1998. You agree that your personal information may be disclosed to our agents and connected parties to Brown, Shipley & Co. Limited and to any regulatory authority to which we our our connected parties are subject

You have a right to request access to any personal data held by us.

9. Private Areas
Access to the Private Area of the Site is only available to our clients who have accepted our Terms in writing and who have been accepted by us for registration. We reserve a total discretion as to whether or not to accept clients for registration. Registration can be withdrawn at any time by us notifying you in writing.

10. Purchase or supply of products or services through the Site
Should you purchase products or services from third parties who offer such products or services for supply on the Site or any Third Party Site or should you have any business dealings with any person whose details are available through the Site or any Third Party Site then such purchases or dealings are carried out at your sole risk and we have no responsibility or liability for any loss or damage that you suffer as a consequence thereof.

11. Global use
The nature of the World Wide Web is such that the Site can be accessed by users from any part of the world and it is therefore your responsibility to ensure that you comply with all applicable laws regarding access to the Site, services and/or use of information contained on the Site, including the transmission and export of technical or other data anywhere in the world. We give no warranties, express or implied that the services and/or information available on the Site (or the availability of such services or information) are in compliance with the applicable laws or regulations of any jurisdiction other than the jurisdiction applicable within the United Kingdom. If it is prohibited to make the information available in jurisdictions outside of the United Kingdom, then such services or information are not directed at such jurisdictions.

12. Disclaimers
12.1 Your use of our Site is at your sole risk. We give no warranty or guarantee as to the accuracy, completeness or relevance of the information available on the Site and, to the fullest extent permitted by law, we exclude all warranties, conditions and other terms implied by statute or law with respect to the services and your use of the Site. We shall have no liability to you other than as may expressly be provided for herein.

12.2 Whilst we will use our reasonable endeavours to maintain the services, we cannot give any guarantee, warranty or undertaking that the services will remain available, will meet your requirements, or that access to the Site will be or remain secure, uninterrupted or error free. It shall be your responsibility to ensure that the services and any products, services or information available through the Site (or any Third Party Site) meet your specific requirements.

12.3 Should you download any material from our Site then this shall be done at your entire risk and Brown Shipley will not be responsible for any damage to your computer, loss of data or other loss that results from such downloading.

13. Limitation of liability
13.1 Without prejudice to any other exclusion or limitation contained within these Terms, we have no liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, special or consequential losses or exemplary damages or for any loss of profit, revenue, turnover or bargain or for loss of data which arises in any way from you accessing the Site, using the services, purchasing products or services through the Site or Third Party Sites or from downloading any material from the Site or Third Party Sites or otherwise.

13.2 Should the laws of any jurisdiction not permit the exclusion or limitation of liability as set out in paragraphs 11 or 12 then, to the extent that such exclusion or limitation is not permitted, the relevant provision shall not apply in that jurisdiction.

13.3 Nothing in these Terms shall be taken so as to exclude or limit our liability for death or personal injury caused by our negligence. Your statutory rights as a consumer are not affected by any of these Terms.

14. General
14.1 These Terms and our relationship with you shall be governed by and construed in accordance with English law.

14.2 Subject to any overriding rule of law affording exclusive jurisdiction to the courts of any other country in relation to any dispute between us, the English courts shall have exclusive jurisdiction in relation to that dispute.

14.3 Reference in these Terms to a person shall include individuals, companies associations, and partnerships.

14.4 Reference to any English term for any action, remedy or judicial proceeding, legal document, legal status, court official or any legal concept or thing shall in respect of any jurisdiction other than England be deemed to refer to what more nearly approximates in that jurisdiction to the English term.