The Sites are operated by Sarasin & Partners LLP for itself and on behalf of its subsidiaries ("we", "us", "our" or "ourselves"). We are a limited liability partnership registered in England and Wales with registration number OC329859 and we have our registered office at Juxon House, 100 St. Paul’s Churchyard, London EC4M 8BU. We are authorised and regulated by the Financial Conduct Authority.
Please read these Terms carefully. By using our Sites, you agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not use the Sites. We reserve the right to modify these Terms at any time. When we modify these terms, we will endeavour to notify you via email. However, in some instances we may be unable to contact you, so it is your responsibility to check these Terms periodically for changes. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes.
2. Other applicable terms
These Terms refer to the following additional terms, which also apply to your use of the Sites:
(c) any representations or warranties that you have given about your investor status in the entry disclaimer to the Sites.
3. Accessing our Sites
Access to our Sites may be permitted on a temporary basis and free of charge, but always in accordance with these Terms.
Access to the Portal or App may be restricted to those users who have been accepted as a client of ours following full registration and account opening requirements.
We do not guarantee that our Sites, or any content on them, will always be available or be accurate, uninterrupted or error-free. You acknowledge that your access to the Sites may be prevented by factors outside of our control including without limitation the unavailability, in-operation or interruption of internet services or the in-operation, inefficiency or unsuitability of the computer hardware that you use to access our Sites. We may also need to suspend, withdraw or restrict the availability of all or any part of our Portal or App for business and operational reasons. Where we do so, we will try to give you reasonable notice of such suspension, where we are able to do so. We shall not be liable for any loss or damage in respect of this.
You are also responsible for ensuring that all persons who access our Sites through your internet connection or device are aware of these Terms and other applicable terms and conditions, and that they comply with them.
You are responsible for keeping your account secure in accordance with Section 8 below.
4. Prohibited uses
You may use the Sites for lawful purposes only. You may not use the Site in the following ways, including (without limitation):
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or to send any information or other material which is abusive, defamatory, indecent, menacing, obscene or breaches the rights, including without limitation intellectual property rights or privacy rights, of any third party;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
(d) to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) attempting to access the Sites from an unsecured location or download the App from anywhere other than a store approved by us or install or use it on a jail-broken or rooted device;
(g) hack, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites;
(h) to introduce any data, send or upload any material that contains software, viruses or other codes, or files which are malicious or designed to adversely affect the operation of any computer software or hardware;
(i) attempting to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites via a denial-of-service attack or a distributed denial-of service attack;
(j) to conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Sites or any services provided via, or in relation to, our Sites; or
(j) posting or transmitting to or from the Sites any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5. Intellectual property rights
You acknowledge that the Sites contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other materials (collectively "Content").
We are the owner or the licensee of all intellectual property rights in the Sites and Content. These may be protected by copyright laws and treaties. All such rights are reserved. Where we publish third party intellectual property that is publicly available, we will attribute it to its owner. Our status (and that of any identified contributors) as the authors of Content on our Sites must always be acknowledged.
You may print off copies, and may download extracts, of any page(s) from our websites.
No part of the Content may be permanently stored, reproduced or copied in any form or by means other than for your legitimate, legal and reasonable internal business or personal purposes, provided that you do not modify the copy and maintain all of our notices (such as all legal notices and disclaimers, copyright notices, trademark legends, or other proprietary rights).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, including (without limitation), our logo, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on the Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you store, reproduce, print off, copy or download any part of the Sites in breach of these Terms, your right to use the Sites will cease immediately and you must, at our option, return and/or destroy any copies of the materials you have made, and certify and/or evidence to us that you have done so to our reasonable satisfaction.
6. No reliance on information
The content on our Sites is provided for general information only. It is not intended to be a solicitation, an offer to buy or sell any security or amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Sites.
Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites is accurate, complete or up-to-date. We do not guarantee that our Sites, or any content on them, will be free from errors or omissions.
7. User Generated Content
Our Sites may include or have access to information and materials uploaded by users of the Sites, including but not limited to, the two-way communication functionality of our Portal, other chat or communication functions, social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. We do not control what information or material is shared or uploaded by users. We take no responsibility for and accept no liability in relation to such information or materials shared by users of the Sites in this way. Users share information through our Sites at their own risk.
The views expressed by other users on our Sites do not represent our views or values.
8. Limitation of our liability
The Sites are provided without warranties or other assurances of any kind and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or Content, whether express or implied.
The information contained on the Sites is provided on an ‘as is’ or ‘as available’ basis. We do not guarantee that the Sites will be secure, accurate, error-free, uninterrupted or free of computer viruses or other harmful components and the Sites should not be relied on as such and you should use your own virus protection software. We will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Sites or by your downloading of any content on it, or on any website linked to them.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Without prejudice to section 7, messages or documents sent via the Sites (and more particularly the Portal and the App) are secure and should only be used by you to contact us regarding issues in relation to your account (as such messages are encrypted and stored securely). You agree that you do so at your own risk and that you hold us harmless from any loss that you may suffer as a result.
If you have access to the Portal 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 Portal or the App must never be shared with anyone, and after accessing your account on the Portal or the 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 we shall be entitled to treat all such instructions as authentic.
If you are an individual:
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
The Sites are made available for your own private non-commercial use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a company, partnership, charity, trust or other corporate entity:
To the fullest extent permitted by law, neither we nor any other party involved in creating, producing or communicating the Sites shall be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether reasonably foreseeable or not, resulting from your:
(a) use of, or inability to use, the Sites 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 events beyond our reasonable control, communications failure, theft, destruction, or unauthorised access to our records, programs or services; or
(b) use of or reliance on any content displayed on the Sites.
Please note that in particular, we will not be liable for;
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation; or
(v) any indirect or consequential loss or damage.
9. Linking to the Website
You may link to and from the Sites, provided;
(a) you do so in a way that is fair and legal and does not cause us to breach any of our legal or regulatory obligations or damage our reputation or take advantage of it;
(b) you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(c) you do not cause the Sites to be framed on any other website.
We reserve the right to withdraw linking permission without notice.
10. Third-party links
The Sites may contain internet addresses, links and/or hyperlinks to other third-party websites, which are not operated or monitored by us. The links to other third-party websites is for your convenience and information only and we do not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of your acting upon the contents of such website. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the Sites. It is your responsibility to check the terms and conditions and privacy policies which are applicable to such other third-party websites.
11. Waiver and severability
No waiver by us of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms and any forbearance or delay by us in exercising any of our rights under these Terms shall not be construed as a waiver of such rights.
Each provision of these Terms is severable and the invalidity, illegality or unenforceability of any provision shall not affect the validity or enforceability of any other part of these Terms.
12. Applicable law and jurisdiction
These Terms, the use of the Sites and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms the use of our Sites (including non-contractual disputes or claims).
13. Contact us
If you wish to make any use of Content on the Sites other than that set out above, please contact firstname.lastname@example.org