Terms & Conditions
Arbuthnot Latham & Co., Limited
TERMS & CONDITIONS
In these Terms, unless the context otherwise requires,
the following words have the following meanings:
“Arbuthnot Latham”, “we”, “us”, “our” means Arbuthnot
Latham & Co., Limited as the provider of the Arbuthnot Latham & Co., Limited
“you”, “your” refers to you, the client, and includes
a reference to any joint account holder.
“Account Holder” refers to you and any other beneficial
owners of the investments and cash in your Portfolio(s).
“FCA” refers to the Financial Conduct Authority. The FCA’s
address is: 25 The North Colonnade, Canary Wharf, London, E14 5HS.
“PRA” refers to the Prudential Regulation Authority. The
PRA’s address is: Bank of England, Threadneedle Street, London, EC2R 8AH.
“Independent Professional” refers to any third party
given access to the Account Holder’s Portfolio through the Arbuthnot Latham &
Co., Limited Investor Portal but who is not the direct beneficiary or owner of the
Portfolio, for example a tax advisor.
“Investment Management Agreement” refers to the
agreement signed by you setting out the terms of the Investment Management Service
provided to you by us.
“Investment Management Service” refers to the management,
on a discretionary or non-discretionary basis, of your Portfolio(s) of cash and
“Portfolio” refers to the total amount you have
invested with us and all associated subaccounts and for which we produce a Valuation
Report. Any investments for which we produce a separate Valuation Report are not
included in this definition.
“Security Information” refers to your unique username, alpha numeric password issued by us to you (or your Independent Professional) and your alpha numeric security code chosen by you enabling secure access to this Site. As such, your username, password and security code may be changed by you or us from time to time.
“Site” refers to the Arbuthnot Latham & Co.,
Limited Investor Portal and all content hosted on this Site.
“Terms” refers to these Terms & Conditions and
“User” refers to you or any joint Account Holder
or Independent Professional (e.g. advisor, accountant, corporate trustee) who has
access to the Arbuthnot Latham & Co., Limited Investor Portal.
“Valuation Report” refers to the in-depth valuation
of your Portfolio and Portfolio changes, supplied at regular intervals by us as
a PDF file on this Site.
2. INVESTOR PORTAL TERMS AND CONDITIONS
2.1 These Terms set out the basis on which you may
use the Site, made available to you by Arbuthnot Latham & Co., Limited. No one
else apart from us and you has any rights under, or may enforce, these Terms.
2.2 These Terms are supplemental to the terms set
out in the Investment Management Agreement signed by you at the start of our relationship
and as such form part of those terms.
3. ESTABLISHING YOUR USE OF THE SITE
3.1 In order to register for the service you will
need to be a client of Arbuthnot Latham’s Investment Management Service, or an Independent
Professional with clients who are also a client of Arbuthnot Latham’s Investment
Management Service and have a valid email address.
3.2 You will need to supply us with your email address
so that we can provide you with:
a) your registration and password reminder;
b) communications concerning the ongoing operation of the service; and
c) notification of your Valuation Reports becoming
3.3 We will write to you with details of your username
and password. You must keep your Security Information strictly confidential and
you must take care not to disclose them to any third party.
3.4 When you log on for the first time using your
username and password, you will be required to change your password (this must be
between 9 and 16 characters and include at least 1 upper case, 1 lower case and
1 numeric character; special characters are allowed) and create a security code
(this security code must be between 8 and 16 characters, and must contain only letters
or numbers). Subsequently, each time you log on you will be asked to provide three
characters from your security code as an additional layer of security.
Joint accounts, Trusts and Independent Professionals
3.5 If your Portfolio is held in joint names or
is held under Trust, each Account Holder may use this Site. We recommend each Account
Holder requests individual access to this Site and that you set up your own Security
3.6 If you wish for your investment Portfolio to be made available to an appointed Independent Professional, we will require written permission from you and any other Account Holders before making this available.
4. USING THE INVESTOR PORTAL
Scope of services
4.1 The Site is designed to assist you with the
administration of your Portfolio over the internet. By way of example, you may use
the Site to:
a) view and download transaction information;
b) access summary information about your portfolio;
c) view your portfolio’s cash statement;
d) view performance data about your portfolio;
e) access your Valuation Reports.
4.2 The list of services contained in Term 4.1 above
is not exhaustive or conclusive. Full details of the functionality of the Site will
appear on the Site and from time to time the scope of the services may change.
4.3 You will not be able to conduct transactions
on this Site or view Portfolios other than those you have been authorised to view
by us and/or the Account Holder(s).
4.4 We do not currently make a charge for accessing
the Site or viewing the content, but reserve the right to do so in the future with
30 days’ prior written notice to you.
4.5 We will provide you with Valuation Reports at
regular intervals in accordance with the Terms of the Investment Management Agreement
you have signed.
4.6 We will inform you via email when we have uploaded
a Valuation Report to the Site. These will be uploaded as a PDF file. You will only
be able to view this Valuation Report by accessing the Site using your Security
Information. We will not email you your Valuation Report.
4.7 We reserve the right to upload the Valuation Report at any point during the
reporting period, as defined by the FCA and PRA rules.
4.8 Valuation prices are at the mid market price
prevailing at the close of business on the relevant valuation date, converted if
necessary to sterling at the rate(s) supplied by external data providers. We take
no responsibility for prices in unmarketable securities.
4.9 You agree that as long as we make the Valuation
Reports available to you through the Site, and as long as you are reasonably able
to gain access to the Site, we are not obliged to supply these to you in hard copy
form unless explicitly instructed.
4.10 In the event that we withdraw use of this Site (as outlined in Term 9.3) for a sustained period of time, we will supply you with your Valuation Report(s) in hard copy format as per the reporting period, in accordance with the FCA and PRA rules.
Display of information
4.11 The data displayed on this Site will automatically
default to show the position at the end of the previous business day or, in relation
to transactions, the position one day after settlement. Additionally, prices will
reflect the price at the end of the previous day or, where applicable, the most
recent published net asset value (NAV) or price.
4.12 Whilst we will take reasonable care to ensure
the completeness, accuracy and integrity of the information displayed on the Site,
the information is only a reproduction of the information held on our systems at
the relevant time or, where information is received from a third party, an accurate
reproduction of the information received by us from that third party, at the relevant
4.13 If you view your cash transaction history,
then any balance figure displayed at the time of viewing will not necessarily be
the full value within your Portfolio. The balance shown may not take account of
any debits, credits or other transactions in respect of your Portfolio that have
not yet cleared through the relevant banking or custody transmission systems.
4.14 All copyright and other intellectual property
rights in the information, design, text and graphics of the Site, and the selection
or arrangement thereof, is owned by us or our licensors. All rights are reserved.
You may store electronically (e.g. on a hard drive) and print in hard copy portions
of the Site solely for your non-business related purpose of using the Site to seek
information of the kind shown by the Site. Any other use of any materials or content
on the Site (including reproduction for purposes other than that noted above, amendment,
updating, distribution or republication) without our prior written consent is prohibited.
All product and Arbuthnot Latham & Co., Limited names and logos mentioned on
the Site are the trade marks, service marks or trade names of their respective owners,
5. DATA PROTECTION
5.1 We agree not to use your email address for any
purpose other than outlined in Term 3.2, unless you have previously provided your
email address for the purposes of us communicating with you in relation to the management
of your Portfolio.
5.2 We will not use or pass your personal data to
any other third party without your express permission, except for the purposes of
account servicing and to meet our regulatory and compliance requirements.
5.3 We will endeavour to protect your information
in accordance with the requirements of the Data Protection Act 1998.
5.4 Any personal data provided by you in response
5.5 We may store, process and/or transfer the personal
information you submit to us through use of the Site to countries outside of the
European Economic Area (EEA). Personal data transferred outside of the EEA will
be stored and processed by Arbuthnot Group companies or representative offices,
for business and management purposes, to perform a contractual obligation owed by
us to you and/or to provide you with information or services that you have requested.
By using this Site, you consent to us transferring your personal information to
countries outside the EEA for our legitimate business purposes as outlined in this
paragraph. We will take appropriate steps to protect your personal data.
6. TECHNOLOGICAL REQUIREMENTS
6.1 You can use this Site provided that you have
equipment which is compatible with our systems.
6.2 We may make available installation or other
software for operation of the Site and we give you permission to use the software
and other items for the purposes of your installation and use of the Site. The software
will have been thoroughly tested and checked for viruses and certified for production.
6.3 You agree that you have no rights in the software
or other items supplied to you in connection with the Site and you agree to use
the same only in accordance with our instructions.
6.4 We use a very high level of encryption and we
shall not be liable to you for any loss or damage suffered by you as a result of
you not being able to use the Site. We recommend that you only utilise the Site
using a Computer which has the most up-to-date anti virus, firewall and security
6.5 You are responsible for ensuring that:
a) the Computer you use to access the Site is kept fully operational;
b) any software installed on your Computer is kept virus free; and
c) all your important data is backed up at regular
and frequent intervals.
7.1 We will take appropriate and up-to-date measures
to protect your personal information. However, no data transmission over the internet
can be guaranteed to be totally secure. As a result, whilst we strive to protect
your personal information, we cannot ensure or warrant the security of any information
which you send to us, and you do so at your own risk.
7.2 When you have accepted these Terms & Conditions,
you will be able to access the Site using your Security Information
7.3 You will be able to change your Security Information
when logged into the Site under settings. You must take all reasonable precautions
to prevent your Security Information being fraudulently used, including:
a) keeping them secret;
b) not disclosing them to any other person or writing them down in a way that they might become known to another person;
c) never access the Site in such a way that third parties would be able to see, access or obtain your Security Information;
d) keep your password and security code secret.
Never record your password on any software or utilise any “save password” facility
on your internet browser whereby your password is automatically saved for future
7.4 We will not contact you requesting your Security
Information. If you receive any request to reveal any part of your Security Information
please do not respond, and make us aware of the request as soon as reasonably possible.
7.5 The following precautions should also be taken
to prevent unauthorised use or fraud. You must:
a) keep your Computer secure (please refer to Term 6.5).
b) always treat emails you receive from senders claiming to be from your bank with caution and be wary of emails or calls asking you for any personal security details;
c) always access this Site by typing the bank address
into your web browser. Never go to an internet banking site from a link in an email
and then enter personal details.
7.6 We will not contact you through the Site except in regard to the communications in Term 3.2. Any other communication from us will be through email, telephone call or letter.
8.1 What are cookies? Cookies are small pieces of
information that a website sends to your computer for record keeping purposes, this
information is stored in a file on your computer. Cookies make web-surfing easier
for you by saving your preferences so that, for example, we can use the saved information
an industry standard and, as such you will find that most major websites use them.
8.3 Most cookies expire after a defined period of time, or you can delete your cookie file at any time. However, if you do this, some parts of our Site will not function properly. For example, any previously selected personal preferences will not be retained. If you re-set your browser to refuse all cookies this Site will not operate. To find out more about cookies visit www.allaboutcookies.org.
9. AVAILABILITY OF SERVICE
9.1 We shall try to ensure a continuous service,
but there may be times when the Site is unavailable due to intransient web conditions,
for maintenance and development work, if we suspect security breaches or fraud,
due to strike, industrial action, failure of power supplies, failure of equipment,
(hardware and software) or events generally, beyond our reasonable control.
9.2 We will use reasonable efforts to inform you
without undue delay through the Site if any service is unavailable.
9.3 We may withdraw or suspend any service comprised
in the Site without notice where we consider it necessary or advisable to do so.
For example and without limitation, we may elect to suspend or withdraw services
a) we suspect a breach or potential breach of security;
b) you fail to take reasonable care to ensure the security of your use of the Site;
c) we need to suspend the Site for maintenance.
10. LIMITATION OF LIABILITY
10.1 We do not accept responsibility, nor will we
be liable, for any failure of operation of the Site which arises as a result of:
a) errors in data transmission; or
b) machine or software malfunction; or
c) from your operating error (other than any such
failure occurring as a result of our fraud, negligence or wilful default).
10.2 You acknowledge that access to this Site may
be disrupted and that this does not amount to a breach of these Terms.
10.3 We do not guarantee that this Site can be accessed
at all times, and we may withdraw use of this Site from time to time, either for
reasons outlined in Term 9.1 and 9.3 or for administration purposes, subject to
11.1 Arbuthnot Latham & Co., Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Nothing in these Terms shall restrict our duties to you under the Financial Services and Markets Act 2000. We are registered in England No. 819519. Registered office: Arbuthnot House, 7 Wilson Street, London EC2M 2SN
11.2 More information on the FCA and the FCA Registration of Arbuthnot Latham & Co., Limited can be found on the FCA Website, http://www.fca.org.uk/.
12.1 If you have a complaint about the advice you
receive from us or a product you bought through us, please contact our Head of Compliance
at: Arbuthnot House, 7 Wilson Street, London, EC2M 2SN or email
12.2 We are covered by the Financial Ombudsman Service (FOS). The FOS is available to settle certain complaints you make if they cannot be settled through our own complaints procedures. The contact details of the FOS are as follows: The Financial Ombudsman Service (Exchange Tower, London, E14 9SR) Website: www.financial-ombudsman.org , phone: (0)800 0 234 567.
13.1 While we take every care to ensure that the
standard of the Site and its content remains high and to maintain the continuity
of the Site, you should be aware that the internet is not an absolutely stable medium
and you agree that the Site and its content is provided to you “as is” and that
errors, omissions, interruptions of service and delays may occur at any time. We
do not accept any ongoing obligation or responsibility to operate the Site (or any
part of it) or to provide the services offered on the Site.
13.2 We make no representations or warranties about
the accuracy, completeness, freedom from viruses, availability, reliability or suitability
for any purpose of the information and related content and graphics published on
the Site (including all texts, advertisements, links or other items) which may contain
technical inaccuracies and typographical errors.
13.3 You agree that you shall not attempt to interfere with the proper working of the Site and, in particular, you shall not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device relating to the Site.
13.4 Unless otherwise specified all content and
materials published on the Site are presented solely for your private, personal
and non-commercial use. You assume total responsibility and risk for your use of
the Site and use of all information contained within it.
13.5 The information given on the Site is for information
only and does not constitute investment, legal, accounting or tax advice, or a representation
that any investment or service is suitable or appropriate to your individual circumstances.
Please seek professional advice before making any investment decision.
13.6 Nothing on the Site should be construed as a solicitation or offer, or recommendation, to buy or sell securities or any other investment or banking product, or to provide any investment advice or service.
14. TERMINATION OF THE SITE
14.1 We reserve the right to terminate this Site
at any time, provided that we then make your Valuation Reports available to you
in another format, subject to the obligations of our mandated agreement with you.
14.3 Suspension or termination of your use of this Site will not terminate or suspend our Investment Management Agreement with you.
15.1 In the event of you cancelling your Investment Management Agreement with us we reserve the right to withdraw use of the Site at any time after we have been made aware of your intention to cancel.
16.1 We reserve the right to assign, transfer, novate
or subcontract any or all of our rights and obligations under these Terms to the
extent that it is necessary for us to provide the service. Your consent will be
required where any such assignment may adversely affect the service provided to
you. If we fail to enforce a right under these Terms, that failure will not prevent
us from enforcing other rights or the same type of right on a later occasion. These
parties. This clause shall not apply to any statement, representation, or warranty
made fraudulently, or to any provision of these Terms which was induced by fraud.
16.2 You agree that we may at any time appoint agents,
subcontract, or outsource some or all of the services and functionality comprised
in this Site.
16.3 You are liable for any telephone or other communication
charges and any charges made by your internet service provider or any third party
incurred as a result of you using the Site.
16.4 If we fail to exercise a right and/or remedy
under these Terms, such failure will not prevent us from exercising other rights
or remedies or the same type of right or remedy on a later occasion.
16.5 If any provision of these Terms 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 shall
not be affected.
16.6 From time to time, we may amend, vary, modify
or update these Terms. We will notify you of any change no later than thirty, (30)
days before such change takes effect.
16.7 These Terms & Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.