Introduction
Please read this document carefully as it contains the terms and conditions upon which we will provide the Online Services. This is an important legal document forming part of the contractual agreement between you and us. By accessing the PIM website, you state you have read and agree to be bound by these Online Investment Services Terms and Conditions and you understand you will enter into an Agreement that will incorporate these Online Investment Services Terms and Conditions and the Investment Services Terms and Conditions which will be binding upon you. This Agreement contains the full understanding of the parties and supersedes any prior arrangements, statements or representations, whether written or oral, relating to the subject matter of this Agreement. If you do not agree to be bound by the Online Investment Services Terms and Conditions, please do not use the PIM website.
Definitions
1.1 In these terms and conditions, the following words and phrases shall bear the following meanings and may be used in the singular or plural as appropriate:
1.2 References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted or supplemented.
1.3
If there is any confusion over the meaning of any term or phrase used within these Terms, the matter shall be decided with reference always to our obligations in terms of the laws of England and Wales, the rules of the FSA and the Glossary to the FSA Handbook.
1.4
In these Terms, words denoting the singular only shall include the plural and vice versa.
1.5 The headings in these Terms are inserted for convenience and shall not affect their construction.
1.6 Unless the context requires otherwise, the words and expressions used in the Online Investment Services Terms and Conditions shall have the same meaning ascribed to them in the Investment Services Terms and Conditions. If there is any conflict or inconsistency between the provisions of the Online Investment Services Terms and Conditions and the Investment Services Terms and Conditions, then the provisions of the Online Investment Services Terms and Conditions shall prevail.
Regulation
2.1 PSigma Investment Management Limited is authorised and regulated by the FSA. PSigma Investment Management is a trading name of PSigma Investment Management Limited. The FSA registration number is 478840.
Online Services
3.1 The Online Services will be made available subject to these Terms.
3.2 You shall be responsible for providing, installing, maintaining and upgrading suitable computing and communications equipment and systems in order to make full use of the Online Services.
3.3 Due to the nature of the Online Services and to circumstances beyond our control, we do not warrant that all of the Online Services will be operational at any time or all times or that the Online Services will be operated free from error or interruption or that the use of e-mail or the internet is a secure means of relaying Instructions.
3.4 We may add to or reduce the number of Online Services available or alter the nature and performance of the Online Services available.
3.5 We may change the format and/or content of pages or screens on the website without notice.
3.6 We may set limits (whether financial, relating to access times or otherwise) on the use of the Online Services in relation to any given Account.
3.7 The Client may approve a third party such as an adviser or intermediary to access the website.
Jurisdiction
4.1 Unless otherwise stated, the Online Services are intended for use by residents of the UK only and are not aimed or intended for use by residents of any other jurisdiction.
4.2 The Online Services are only available to Clients in jurisdictions where the access and use of the Online Services is not prohibited or restricted by local law or regulation. It is the responsibility of the Client to cease using the Online Services if access by the Client is prohibited or restricted by local law or regulation.
Logon identification numbers and Password
5.1 The PIM website is intended to be accessed through its home page and such other pages as we may decide. If you access the PIM website through individual pages directly, which are not designated for this purpose, you may not see important information which is relevant to the information contained on this website. You will be referred to important legal warnings contained under the heading “Legal Information”. This contains important legal and regulatory information aimed at individuals who access the PIM website which should be read in conjunction with the relevant pages.
5.2 You will be required to use Logon identification numbers and Password to enable you to access and use the Online Services.
5.3 The Client shall ensure that the Logon identification numbers and Password remain strictly confidential. If the Clients knows or suspects that someone other than an authorised user of the website knows or may know their Login identification numbers and Password, the Client must inform us immediately.
5.4 We recommend that you change your Password at regular intervals. If you have authorised a third party such as a spouse, adviser or intermediary to access the website to view details of your Account, you must advise us immediately if you no longer wish to authorise them to access the website. We will continue to grant them access to the website until we receive written notice from you withdrawing your authority to grant them access.
5.5 The Client will not access or use the Online Services for an illegal, fraudulent or defamatory purpose, or take steps or action that could undermine the security, integrity, effectiveness, goodwill or connectivity of the Online Services (including but not limited to fraudulent, malicious or other activities that threaten to harm or cause harm to any other person).
5.6 The Client must notify us immediately if the Client becomes aware of:
and the Client shall do all such acts and things as we may require in order to address, deal with or take remedial steps in connection with any of the foregoing.
5.7 The Client acknowledges that the giving of Instructions via e-mail, computer or the Internet is not secure and that the Client cannot be assured of complete privacy or confidentiality in making use of the Online Services.
Copyrights and Trademarks
6.1 This website contains trademarks belonging to us and our parent company, Punter Southall Group Limited.
6.2 This website contains our confidential information and all copyright, trade marks and other intellectual property rights in the website and associated documentation shall remain our exclusive property or the property of a licensor as the case may be.
Instructions
7.1 You may not use this website to give us any time sensitive market instructions (such as orders to buy or sell Investments) regarding your Account or use e-mail as a medium of communication for passing time sensitive market instructions orders to us to undertake transactions on your Account. Wherever possible, you should speak directly with your Investment Manager by telephone if you wish to give any time sensitive market instructions in respect of your Account.
Confidentiality and Data Protection
8.1 We will hold in confidence information concerning you and your Investments arranged through us. However, in certain circumstances, you agree that we may disclose (both now and after the termination of this Agreement) information about you and/or your Investments, for example if:
8.2 We will provide details about you to third party providers in order for them to process transactions for you and to provide you with services under this Agreement.
Limitation of Liability
9.1 To the extent permitted by law and the rules of the FSA and except to the extent attributable to our gross negligence or that of our officers or employees, we shall not be liable for any loss or damage, whether direct or consequential, suffered by the Client as a result of using the Online Services. Without limitation to the foregoing, we shall not be liable for any loss, liability, injury or damage caused directly or indirectly by any viral contamination or by any downtime, unavailability, failure, malfunction, distortion or interruption of the Online Services or of any hardware, software or equipment used in connection with the Online Services.
9.2 We accept no liability, including without limitation, in either tort, contract, negligence, statutory duty or otherwise (to the extent permitted by applicable law) arising from the use of, or access to, the website, which includes, without limitation, any errors and omissions contained in this website or arising from the website being unavailable for use or access, and we shall not be liable either directly or indirectly for the following:
suffered or incurred arising out of or in connection with your use of this website and these Terms.
9.3 Whilst we have taken reasonable care to ensure the information contained on the website is accurate, complete and up to date, no representation or warranty is made or given that the information contained on the website is accurate, complete or up to date. For an accurate record of your Account, please refer to your official paper valuation. Please ask us for an up to date valuation.
9.4 Access to, and use of, the website is at the Clients’ risk. We make no representations or warranties in relation to the Online Services, its functions, purpose or performance characteristics and no such representation or warranty or any other term or condition or any duty of care shall be implied. We do not warrant that your use of the website or any information downloaded from it will not cause any damage to any property, or otherwise minimise or eliminate the inherent risks in using the internet including, but not limited to, loss of data, computer virus, infection, spyware, malicious software, Trojans, and worms.
9.5 We do not accept any liability in respect of losses or damages arising from changes made to the PIM website by unauthorised third parties.
Complaints
10.1 If you are dissatisfied with the Online Services provided under this Agreement, you should write to the Managing Director, PSigma Investment Management Limited, 126 Jermyn Street, London, SW1Y 4UJ. On request, we will provide you with a copy of our internal complaints handling procedure. If you are not satisfied with the outcome of the investigation of your complaint, you may have the right to refer your complaint to the Financial Ombudsman Service ("FOS"). We will provide you with the details of the FOS on request or you may contact the FOS direct.
Compensation Scheme
11.1 We are a participant in the Financial Services Compensation Scheme ("FSCS"). In the event that we default on our obligations to you, you may be able to claim under the FSCS for losses resulting from our breach of the FSA's rules. Any claim is limited to an amount which will be advised to you upon request. Further information about the FSCS can be obtained from the FSA or directly from the FSCS. On request, we will provide you with a copy of our internal complaints handling procedure.
Amendment, Assignment and Terminations
12.1 We may change the terms of this Agreement without notification.
12.2 We may withdraw the Online Services and/or terminate this Agreement by giving to the Client not less than 30 days’ notice in writing, whereby such decision shall become effective and the Agreement terminated at the end of the notice period. However, we may at any time restrict or preclude the use of the Online Services by the Client if the Client is in breach of any terms of this Agreement.
12.3 We reserve the right, exercisable at our sole discretion, to withdraw the Online Services and/or close an Account and/or terminate this Agreement at any time without giving you prior notice. We may do so for any reason, including potential or actual proceedings against you or your property or investigations that involve you or your property. If we close an Account, we will transfer the free balance to an account specified by you.
12.4 The Client may by not less than 30 days’ prior notice in writing advise us that the Client no longer wishes to use the Online Services, whereby such decision shall become effective and the Agreement terminated at the end of the notice period. We may complete any transactions initiated prior to receipt of your notice of termination.
12.5 Once we receive notice from you to terminate this Agreement, or send you notice either of our intention to terminate in 30 days or that the Agreement has already been terminated, we will not undertake any further transactions for you, other than as detailed in section 12.4, and will arrange for any Investments or money held by us, to be delivered to you as soon as practicable, after deduction of all sums due to us under this Agreement.
12.6 We may assign all or any of our rights and obligations under this Agreement to another appropriately authorised associated company or one of our affiliates without obtaining your consent. We may employ agents to act on our behalf on such terms as we think appropriate. All rights and benefits that the Client may have in connection with or in any way relating to the Online Services are personal to the Client and may not be assigned by the Client.
Continuing Obligations and Illegality
13.1 The representations, warranties and undertakings, agreements and other provisions in this Agreement will continue even after the Agreement terminates for as long as is necessary to give them full effect in accordance with the terms of this Agreement.
13.2 Should any provision of this Agreement become illegal or void for any reason, the validity of the remaining provisions shall not be affected. All rights and obligation of the parties shall cease to have effect immediately upon the expiry of the relevant 30 day period without affecting our accrued rights and obligations as at the date and the continued existence and validity of the rights and obligations of the parties under these Terms which are expressed to survive termination.
Governing Law and Jurisdiction
14.1 This Agreement shall be governed by and construed in accordance with the Laws of England and Wales.
14.2 You hereby submit to the exclusive jurisdiction of the courts of England in relation to any dispute in connection with or arising out of this Agreement. The jurisdiction of the English courts over any claim against either party shall be an exclusive jurisdiction and no courts outside England shall have jurisdiction to hear or determine any such claim.
General
15.1 The material and information provided to the Client by us in respect of or in connection with the Online Services shall not be downloaded, reproduced or copied by the Client other than for the legitimate business purposes of the Client. The Client acknowledges that such information and material may have been obtained from sources outside our control and that we can provide no guarantee regard to the accuracy, timeliness or completeness of such material and information.
15.2 No material or information provided to the Client by us in respect of or in connection with the Online Services which bears our name or our affiliates shall be disclosed or made available to third parties by the Client.
15.3 In order to maintain security over our systems, protect our staff and detect fraud and other crimes, we may monitor all internet communications, including e-mail and internet traffic, into and out of our domains. Monitoring checks for, but is not limited to, viruses, criminal activity and other inappropriate activity.
15.4 The failure to exercise or delay in exercising a right or remedy under these Terms shall not constitute a waiver of such right or remedy under these Terms.
15.5 We shall not be in breach of these Terms in the event of a failure to provide the Online Services due to circumstances beyond our control.
Copyright © 2008 PSigma Investment Management Limited.