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Terms of Use


These Terms of Use explain of the basis on which Charles Stanley & Co. Limited (“we” or “Charles Stanley”) provides, and you may use, the Charles Stanley website at the domains www.charles-stanley.co.ukwww.charles-stanley.co.uk/matterley  and the pages within such domains (the “Site”), and the Charles Stanley application, as updated from time to time (the “App”).  By continuing to do so, you indicate that you accept the Terms of Use and that you agree to abide by them so please read this document carefully before you start to use the Site. If you do not agree, please refrain from using our Site and the App.

Information available from the Site and/or the App

1.     This Site contains public, restricted access and client login areas.

a.     access to the App, the client login area, and the services described in it are only available following successful completion of Charles Stanley's account opening requirements;

b.     the iPortal restricted area of any microsite and the facilities described in it are only available if Charles Stanley accepts your registration application. Charles Stanley may refuse an application to access the iPortal in its absolute discretion, and its decision will be final.

On entering either of these areas, please note the basis on which research tools are provided and comply with our security requirements.  Further details are set out on the relevant Site pages as well as paragraphs 4-8 and 17below.

2.     The terms and conditions applicable to the operation of your account with Charles Stanley operate in conjunction with the terms of this legal notice, although the former shall take precedence in the case of any conflict between them. Should you choose to change your email address via the client login area of the Site, you will be agreeing to a variation to those terms and conditions (which currently provide that such an alteration cannot be achieved).

3.     Charles Stanley may update these Terms and our Privacy Policy, Cookies policy and other policies from time to time, and you agree that you will be bound by the Terms and Privacy Policy published using the Site and/or App when you use the Site and/or App. It is your responsibility to check these Terms periodically for changes.  Your continued use of the Site or App following the posting of any changes to these Terms constitutes acceptance of such changes.  If you do not agree to such changes, you should stop using the Site and the App.

Compliance

4.     Neither this Site nor the App should be regarded as an offer or solicitation to conduct designated investment business, as defined by the UK Financial Services and Markets Act 2000, in any jurisdiction other than the United Kingdom. Any research or other material on the following pages of this Site and/or on the App has been prepared for persons in the United Kingdom and is not intended for distribution or use outside the United Kingdom. Charles Stanley may be prohibited or restricted by legislation or regulation in any other jurisdiction from directing or making this Site or the App available to you; in particular the Site and the App are not for distribution in, nor directed at, persons in the USA or Canada.  If you are accessing this Site or the App from outside the UK, please contact us at the address below and we shall be pleased to confirm the position to you. You should satisfy yourself before reading any research or other material that Charles Stanley is permitted to provide it to you under relevant legislation and regulations. Charles Stanley accepts no responsibility whatever for any failure by a person resident outside the United Kingdom to observe the foregoing.

5.     You understand that while you may be able to access certain research tools and reports through this Site and/or the App, the availability of such information does not constitute a recommendation to buy, sell or otherwise trade all or any of the securities mentioned therein. Charles Stanley accepts no fiduciary duties to the reader of such material and in communicating such research material is not acting in a fiduciary capacity. Neither Charles Stanley nor any of its directors, officers, employees or agents shall have any liability, howsoever arising, for any error or incompleteness of fact or opinion in it or lack of care in its preparation or publication, provided that this shall not exclude liability to the extent that this is impermissible under the law relating to financial services. All statements and opinions are made as of the date on the face of the relevant research material and are not held out as applicable thereafter. Research recommendations are given in good faith but without legal responsibility and are subject to change without notice. You are recommended to seek advice concerning suitability from your investment advisor. Investors should be aware that past performance is not necessarily a reliable indicator of future results and that the price of shares and other investments, and the income derived from them, may fall as well as rise and the amount realised may be less than the original sum invested. You agree not to hold Charles Stanley and/or any of its respective officers, employees, agents or affiliates liable for any investment decisions made by you arising from the use of the Site and/or the App or its Content.

6.     Charles Stanley conducts a full service investment management, investment banking and brokerage business. Charles Stanley has investment banking relationships with a number of the companies covered by our research division. Charles Stanley may seek investment banking business from the covered businesses referred to in this research. Charles Stanley and its connected companies, their directors, members, employees and members of their families may have positions in the securities or derivatives (including derivatives, options and warrants) thereof of covered companies referred to in research. As a result, investors should be aware that Charles Stanley may have a conflict of interest that could affect the objectivity, independence and impartiality of its research. Investors should consider research as only a single factor in making their investment decision.

7.     The policy on the production of research by Charles Stanley, the definitions of its research recommendations and how it manages actual or potential conflicts of interest can be found at http://www.charles-stanley.co.uk/charles-stanley-research-policy/

8.     Research material will carry the date of publication or, on a research circular printed overnight, the date on which it was sent to the printers. Where a price is quoted in research material it will generally, in the absence of contrary words, be the latest practicable price prior to distribution or, in the case of a research circular printed overnight, the closing price at the close of business. Research available on the restricted and client login areas is updated hourly.

9.     Prices and other share information provided within this Site are supplied on a delayed basis.

Content, Use & Reproduction

10.  You acknowledge that the Site and/or the App contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") which is protected by copyright and other intellectual property rights proprietary to Charles Stanley and its licensors.

11.  No part of the Content may without the prior written permission of Charles Stanley be permanently stored, reproduced or copied in any form or by means other than for the user's legitimate, legal and reasonable internal business or personal purposes, provided that the user does not modify the paper or electronic copy and maintains all of the Charles Stanley notices (such as all legal notices and disclaimers, copyright notices, trade mark legends, or other proprietary rights).

12.  Distribution, reselling or reproduction of the Content is strictly prohibited. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content and/or the App, in whole or in part.

Using the App

13.  The App is available to use, free of charge and solely in accordance with these Terms of Use, to those users who have been accepted as a client following successful completion of Charles Stanley’s full registration and account opening requirements. This licence is non-exclusive, non-transferable, non-sub-licensable and revocable, and shall automatically terminate immediately on your breach of these terms or the Business Terms.

14.  Charles Stanley has expended substantial time, effort and funds to create the App. You acknowledge and agree that we exclusively own or have been licensed by third parties to use all rights (including, but not limited to, intellectual property rights), title and interest in the App and the Content.

15.  Nothing contained in these Terms of Use conveys to you any title or interest in or to the App or any Content.

16.  The right to use any upgraded or updated version of the App replaces the right to use previous versions of the App;

17.  You shall not create any modifications or derivative works directly or indirectly using the Site or App, or components thereof, and any modifications or derivative works created directly or indirectly using the Site or App, or components thereof, or enhancements to the Site or App, shall vest on creation in, and be owned exclusively by, us, and you shall promptly on request execute any further documentation required to legally or commercially effect such assignment.

18.  Charles Stanley may update the App at any time and may change or remove any functionality of the App at any time.

19.  Charles Stanley may, at any time, without notice and for any reason, suspend your access to the App, disable the App, close the App indefinitely and/or terminate your right to access the App.

20.  We do not warrant that the App will function on all devices or operating systems.

21.  If the App allows you to send emails or other communications to third parties, you acknowledge and agree that you are solely responsible for the contents of any such email or other communications and that you send any such email or other communication at your own risk.

22.  You agree that you will not:

·       use the Content or the App for any fraudulent or unlawful purpose or to send any information, data, images, sound or visual recordings or other material which is abusive, defamatory, indecent, menacing, obscene or breaches the rights, including without limitation intellectual property rights, of any third party;

·       use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the App or iOS, Android, BlackBerry or other operating systems;

·       in connection with the App, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;

·       download the App from anywhere other than a store approved by us or install or use it on a jail-broken or rooted device;

·       interfere with or disrupt the operation of the App or the servers or networks used to make the Content or the available, or violate any requirements, procedures, policies or regulations of such networks;

·       collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App;

·       transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

·       restrict or inhibit any other person from using the App (including, but not limited to, by hacking or defacing any portion of the servers or networks used to make the Content or the App available);

·       use the Content or the App for any commercial purposes, other than solely for your internal business purposes;

·       resell or otherwise exploit all or any part of the Content by any means or medium now or hereafter created;

·       display, circulate, publish, retransmit, redistribute, reproduce, duplicate, copy, sell, resell or otherwise exploit, or provide any kind of access to all or any part of the Content and/or the App by any means or medium now or hereafter created;

·       modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content or the App, except that you may decompile a portion of the Content, the App and/or the Services only to the extent required to be permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Content or the App or with another program and such information is not available from Charles Stanley or elsewhere;

·       remove any copyright, trademark, or other proprietary rights notice from the Content or the App;

·       create a database by systematically downloading and storing the Content or the App; and/or

·       use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Content or the App or circumvent the navigational structure or presentation of the Content or the App without Charles Stanley's express prior written consent.

About this Site

23.  Charles Stanley provides this Site or the App for your information only and without warranties or other assurances of any kind.  It reserves the right to withdraw or amend the Site without notice.  Other than disclosures relating to Charles Stanley, the information on this Site is based on current public information that it considers reliable. Charles Stanley endeavours to correct any errors or omissions within its control as soon as it becomes aware of them, but it does not guarantee that the Site will be secure, accurate, error free, uninterrupted or free of computer viruses or other harmful components and neither the Site nor the App should be relied on as such.

24.  Charles Stanley will not be liable for the consequences of any event beyond its reasonable control (including the electronic transmission of data, content, material and information over the internet and the interception or decryption of it by others) or for any damages resulting therefrom.

25.  To the fullest extent permitted by law, neither Charles Stanley nor any other party involved in creating, producing or communicating the Site and/or the App shall be liable for any loss or damage, whether reasonably foreseeable or not, resulting from the use of or inability to use it, including but not limited to interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorised access to Charles Stanley's records, programs or services.

26.  Nothing in these Terms of Use shall operate so as to exclude, limit or restrict Charles Stanley's liability for death or personal injury, for fraud or fraudulent misrepresentation, for damage suffered as a result of any breach of the conditions as to title and quiet enjoyment implied by English law, liability under Part 1 of the Consumer Protection Act 1987 or for any other liability the exclusion or limitation of which is not permitted by English law.

27.  Email messages sent via the Site are not secure. We urge you not to send email to Charles Stanley containing confidential information, or that relate to time sensitive matters.  You agree that you do so at your own risk and that you hold Charles Stanley harmless from any loss that you may suffer as a result.  An automated delivery receipt does not constitute acceptance of any email; we will only be deemed to have accepted an email if we  either expressly reply to or act on your email.

28.  If you have access to the restricted or client login area of the Site or the App, you are responsible for maintaining the security of your login details. Such information, together with any additional security details unique to you and applicable to your use of the Site or App, must never be shared with anyone, and after accessing your account on the Site or App you must log off. This ensures that no third party may be able to access your account if you leave your computer or device and your session has not yet been timed out.  You will be exclusively responsible for any instructions placed or purported to be placed under those details and Charles Stanley shall be entitled to treat all such instructions as authentic, until such time as Charles Stanley receives written confirmation that your login details may have been acquired by a third party.

29.  These Terms of Use and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England. If any provision shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

External Sites

30.  By accessing other websites through links provided by Charles Stanley (be it a hypertext link or other referral device), you agree to the following terms and conditions:

a.     Should you access or view content on any website that is not provided by Charles Stanley via the Site or the App, you do so at your own risk. Charles Stanley has no control over the content of an external website and is not responsible for it or any damages or losses that may arise from your use of it.

b.     The material available on external websites has been produced by independent providers that are not affiliated with Charles Stanley and may not be regulated by the FCA. Any opinions or recommendations expressed on external sites are solely those of the independent providers and are not the opinions or recommendations of Charles Stanley.

c.     You understand that while some of the linked websites may provide information and news stories about investments, the availability of such information does not constitute a recommendation to buy or sell or otherwise trade all or any of the securities discussed therein. You understand that you are responsible for your own investment decisions and you should seek your own professional advice as to the suitability of any investment mentioned in such information.

31.  You may not link to this Site without the prior written consent of Charles Stanley, nor must the Site be framed on any other website. Charles Stanley reserves the right to withdraw any linking permission without notice.

Third Party Providers of Information

32.  All information provided by Digital Look Ltd, Thomson Financial Limited or Reuters Limited (the "Information") on the Site or App is owned by or licensed to those companies and your use of the Information is limited to storing, filing in format print and displaying the Information for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce or communicate any Information in any format to anyone else. Charles Stanley shall not be responsible for any errors in the Information or for any loss or damage, whether or not it was reasonably foreseeable, resulting therefrom. You agree to indemnify and hold harmless Charles Stanley for any cost, charges and damages resulting from your breach of this clause.

33.  "FTSE" is a trade mark of the London Stock Exchange plc and The Financial Times Limited and is used by FTSE International Limited ("FTSE") under licence. Charles Stanley is licensed by FTSE to redistribute the FTSE™ 100, 250 & 350 and the TechMark and All Share Indexes (the "Indexes) on a delayed basis on the Site and App. The Indexes are calculated in accordance with a standard set of ground rules established by FTSE in conjunction with the Institute and Faculty of Actuaries and all rights in and to the Indexes vest in FTSE and/or its licensors. All information is provided for reference only. Neither FTSE nor its licensors shall be responsible for any error or omission in the Indexes.

34.  Some of the news services on the Site or App have been produced by independent providers that are not affiliated with Charles Stanley. Any opinions or recommendations expressed are solely those of the independent providers and not the opinions or recommendations of Charles Stanley. Information provided by the independent providers is believed to be reliable. However, Charles Stanley does not guarantee the timeliness, sequence, accuracy, or completeness of such information.

35.  You agree to comply with any restrictions or conditions imposed upon the use, access or storage of the data as may be notified to you by FTSE or Charles Stanley and you agree not to distribute or disseminate in any form or by any means (including but not limited to via the Internet or via any other electronic means) all or any of the data provided by Charles Stanley under licence from FTSE. You agree to indemnify and hold harmless Charles Stanley for any costs, charges and damages resulting from your breach of this clause.

Data Protection   

36.  When you register with us, we collect personal information to allow us to verify your eligibility to access the research and other facilities available in the restricted or client login areas of the Site. By registering your details on the Site, you consent to Charles Stanley maintaining, recording, holding and using your personal data in relation to the provision and use of this Site.  In so doing, Charles Stanley shall at all times comply with the requirements of current data protection legislation.

37.  If you receive marketing, research or other regular information from Charles Stanley and wish to unsubscribe please email admin@charles-stanley.co.uk.

38.  All telephone calls are recorded for business purposes.

Click here to view our Privacy Policy

Corporate Information

39.  For the purposes of S.21 Financial Services and Markets Act 2000 the Site and the App have been approved by Charles Stanley & Co. Limited.

40.  Charles Stanley Group PLC (registered in England No. 48796) is the parent company of Charles Stanley & Co. Limited.

41.  The principal companies within the Charles Stanley group of companies are:

Charles Stanley & Co. Limited: Registered in England No. 1903304. Authorised and regulated by the Financial Conduct Authority (Reg. No. 124412)

EBS Management PLC: Registered in England No. 998606. Authorised and regulated by the Financial Conduct Authority (Reg. No. 134908)

Garrison Investment Analysis Limited: Registered in England No. 1880462. Authorised and regulated by the Financial Conduct Authority (Reg. No. 114956)

Jobson James Financial Services Limited: registered in England No. 2811969.

Charles Stanley Pan Asset Capital Management Limited registered in England No. 06308301. 

Rock (Nominees) Limited: Registered in England No. 1115143

Each of the above companies has its registered office at 55 Bishopsgate, London, EC2N 3AS.

42.  ‘Charles Stanley’ is a registered trade mark of Charles Stanley & Co. Limited.

43.  Charles Stanley's registered VAT number is 524732945.

44.  For general enquiries by email, please contact Charles Stanley at admin@charles-stanley.co.uk

45.  Charles Stanley is a member of the London Stock Exchange and the Wealth Management Association.

Other Information

46.  In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, Charles Stanley reserves the right to monitor all internet communications, including web and email traffic, into and out of its group company domains and/or systems. Monitoring includes checks for, but not limited to, viruses and other malignant codes, criminal activity and inappropriate, offensive or otherwise unacceptable use or content.

47.  Charles Stanley reserves the right to cooperate fully with any investigation by national and international police, regulatory authorities and other officials, and reserves the right to disclose any personal data (including personal or private electronic communication transmitted on the Site and/or the App) to such officials to the extent requested by them in connection with any such investigation, or as otherwise required by law or regulation.

48.  Current tax levels and reliefs may change and the value of any relief depends on individual circumstances.

49.  We may assign or transfer our rights and/or obligations under these Terms on notice (which may be posted on the Site) to any other person or entity. You shall not assign or transfer all or any of your rights, benefits or obligations under these Terms.

 

Updated: November 2016

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