Terms and Conditions
1. Access to the Website and content
1.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
1.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
1.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2. Intellectual Property
2.1 Copyright and all intellectual property rights in the material contained in the Website together with the website design, text, graphics, their selection, arrangement and all software compilations, underlying source code and software (including applets) belongs to Broadstone, unless indicated otherwise. All rights reserved. None of this material may be reproduced or redistributed without our written permission. However, you may use the content of the Website subject to the following conditions:
(a) It is used for information purposes only;
(b) It is used only for your own personal, non-commercial use; and
(c) Any copies or downloads of any content from the Website must include a notice that copyright in the relevant material is owned by Broadstone.
2.2 Other product and company names mentioned on this Website may be the trade marks or registered trade marks of their respective owners.
2.3 Except as expressly provided above, nothing contained on this Website should be construed as conferring any licence or right to use any trade mark or copyright of Broadstone’s or any third party.
3. Submission of comments and contributions to the Website and Broadstone’s Social Media networks
3.1 You may submit comments to Broadstone, including without limitation for publication on our social media networks. We accept no liability for data and comments submitted that you may submit and the limitations in clause 5 below (Disclaimer and Limitation of Liability) apply.
3.2 Any comments submitted in connection with our social media networks are submitted on the basis that we will review and may edit such comments prior to publication on the Website, and that not all submissions will be published. Publication is entirely at the discretion of Broadstone. We accept no responsibility or liability in relation to the content of any material posted or published on this Website by third parties or in relation to contributions by third parties which we publish on the Website. You are entirely liable for all activities conducted by you or by others authorised by you or otherwise on your behalf.
(a) warrant that such contribution is your own original work and that you have the right to make it available to us for all the purposes specified above;
(b) warrant that such contribution is not defamatory, does not infringe the rights of any third party and does not infringe any law;
(c) agree to use this Website only for lawful purposes and in a manner that does not restrict or inhibit the use and enjoyment of this Website by any third party. Prohibited behaviour includes, without limitation, conduct which is unlawful or which may harass or cause distress to any person and the submission or transmission of content which is defamatory, abusive, obscene, offensive, pornographic, indecent, discriminatory, inflammatory, in breach of confidence or privacy or which in the opinion of Broadstone may cause offence to any person or damage our reputation. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users;
(d) agree to indemnify, defend and hold harmless Broadstone against any claim, liability, cost, damage, or loss we may incur (including without limitation legal fees) as a result of any violation by you of the provisions set out in this clause; and
(e) agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and other purposes specified above.
3.5 You must not intentionally violate any laws, rules or regulations.
3.6 No user must post nor recommend any other website nor refer to specific URLs (website addresses) where those linked websites would infringe any of the above provisions. No user must post any advertisement on the Website.
3.7 In using this Website, you agree not to impersonate another person or use a false name or a name you are unauthorised to use or create a false email address or try to mislead others as to the identity or origin of any communication.
You must not corrupt the site, flood the site with information so as to cause the site not to function or use anything which may affect the function of the site for example viruses, worms, logic bombs or similar.
1.1 You must not interfere or tamper with, remove, delete or otherwise alter in any way, any information which is included on the Website.
1.2 Broadstone reserves the right to fail any messages and/or remove any material whatsoever submitted to our social media networks or otherwise to the Website for any reason. Broadstone will not notify the contributor of the material of such failure or removal.
1.3 Broadstone reserves the right to take any action against any account or user, at any time, for any reason. We may at our discretion terminate your access to the Website or to any registration area of the Website, or prevent you from submitting comments via the Website immediately and without giving you advance notice. If you engage in behaviour which breaches these terms and conditions, and we consider such behaviour to be serious and/or repeated, we may use whatever information is available to us to prevent further breaches. If your access to the Website or to any registration area of the Website is terminated, you may not open another account with us or register again and we reserve the right to terminate any such account or cancel any such registration.
1.4 Should you have any complaint regarding any material published on the Website, you can notify us of the nature and details of your complaint by contacting the person named at the foot of this document.
2. Disclaimer and Limitation of Liability
2.1 We use reasonable endeavours to ensure that data and the information contained in the Website has been carefully prepared and to correct any errors or omissions as soon as practicable after being notified of them, however it has been written in general terms and should be seen as broad guidance only. This information cannot be relied upon to cover specific situations and you should not act, or refrain from acting, upon the information contained therein without obtaining specific professional advice. Please contact Broadstone to discuss these matters in the context of your particular circumstances. Broadstone, its employees and agents do not accept or assume any liability or duty of care for any loss arising from any action taken or not taken by anyone in reliance on this information or for any decision based on it.
2.2 The content of this Website is intended to provide general guidance on matters of interest and about the services provided by Broadstone. The content is aimed at UK based entities. Please note that whilst certain of the services mentioned in this Website are subject to UK legal and regulatory requirements some of the services, such as the provision of scheme actuarial services, are not regulated by the FCA. The content of this Website does not constitute, nor should it be relied upon as, professional advice. Please contact Broadstone for advice on any particular area of interest. The terms and conditions on which Broadstone provides its services will be set out in the Terms of Business and Letter of Engagement which will be provided to you.
2.3 The information contained in this Website has been published in good faith but no representation or warranty, express or implied, is made by Broadstone as to its accuracy or completeness and it should be relied on as such law and regulations change continually and unintentional errors can occur and the information may be neither up to date nor accurate. Broadstone makes no representation or warranty (including liability towards third parties), express or implied, as to the accuracy, reliability or completeness of the information published on this Website.
2.4 No information on this site constitutes investment, tax, legal or any other advice.
2.5 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted onto the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use or misuse of the Website or reliance on the data transmitted using the Website, or as a result from information contained on other websites to which it may be linked, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website. Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation or any other liability which cannot be excluded by law.
2.6 Without prejudice to the generality of clause 4.4 (d), you agree to indemnify, defend and hold harmless Broadstone against any claim, liability, cost (including without limitation legal fees), damage, or loss we may incur as a result of any violation by you of your obligations under these terms and conditions.
2.7 When you invest in any product or use a particular service, you are reminded of the following general risk warnings:
(a) past performance is not a guide to future returns;
(b) the value of investments and any income from them is not guaranteed and may fall as well as rise and an investor may not get back the original amount invested;
(c) any favourable tax treatment of a product is subject to government legislation and as such may not be maintained;
(d) the levels and basis of, and reliefs from, taxation may change in the future;
(e) rates of exchange may cause the value of investments to go up or down.
3. Electronic Communications
3.1 Our electronic communications are confidential and may be privileged or otherwise protected from disclosure. They are for the sole use of the intended recipient(s). If you receive one in error please notify us immediately; please do not copy or disclose its contents to any person or body and delete it from your computer system. If you are not an intended recipient, please note that any use, disclosure, distribution or copying of this communication is strictly prohibited and may be unlawful.
3.2 You are advised to undertake your own procedures to satisfy yourself that our communications are free from virus infection. Broadstone does not accept responsibility for any loss or damage that one of its communications may cause to your computer systems.
3.3 The transmission of electronic mail cannot be guaranteed to be secure or error-free. Please take this into account when sending us information by electronic mail and when asking us to send you information by electronic mail. In particular, you should beware of sending any information that contains confidential, price sensitive or personal data.
3.4 Any person communicating with us by electronic mail will be deemed to have accepted the risks of interception, amendment and loss, and also the consequences of late or incomplete delivery.
Liability for Information, Opinions and Advice
3.5 Broadstone does not endorse, and accepts no liability for, any opinion or advice contained in a communication that is personal or otherwise unconnected with the firm or our clients’ business.
3.6 If a communication is business related:
(a) Broadstone accepts no liability for reliance placed on information, advice and opinions contained therein by those who are not parties to the engagement to which the communication relates; and
(b) any information, advice and opinions contained therein are subject to:
(i) the terms and conditions of the engagement to which the information, advice and opinions relate; or
(ii) the terms and conditions set out in the communication itself.
Intercepting and Monitoring of Electronic Communications
3.7 Broadstone may intercept and monitor communications entering and leaving our systems. If you communicate through our systems you will be deemed to have consented to such interception and monitoring.
4. Data protection
5. Third Party Websites
5.1 This Website contains links to other websites maintained by parties other than Broadstone. These links are provided simply to increase the information available to you and we accept no responsibility or liability in respect of any data transmission errors (such as data loss or damage or alteration) or the accuracy, timeliness, suitability or lawfulness of the information contained on third party Websites. The inclusion of a link to a third party Website does not constitute an endorsement or an indication of a joint venture, partnership or other legal arrangement not expressly stated between us and that third party.
5.2 You will leave the Broadstone Website when you access these links. In so doing, you may be proceeding to the site of an organisation that is not regulated under the UK Financial Services and Markets Act 2000. You should be aware that, consequently, the contents of those third party websites may not be subject to the same obligation on being clear, fair and not misleading.
5.3 In addition, such third party websites may be operated from a jurisdiction other than the UK which may have different standards regarding the confidentiality and use of data gathered on such websites.
5.4 When individuals provide sensitive personal information as part of the recruitment process, your submission of such information will be deemed to constitute explicit consent to Broadstone’s use of that information in connection with the purpose for which it has been provided.
6.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
6.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
7. Governing law
7.1 These terms and conditions shall be governed by and construed in accordance with English law.
7.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales to which both parties submit.
If you have any questions about Broadstone’s Website terms and conditions or other policies referred to, please contact Liz Kane, Head of Compliance at email@example.com or alternatively please call 020 3869 6900.