Affinity Private Wealth Site Terms

1. Introduction

This legal notice applies to the entire contents of the website under the domain name www.affinitypw.com (“the Website“) which is owned and maintained by Affinity Private Wealth Limited (“APW“, “us” or “we“, which terms include our subsidiary companies from time to time) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms – if you do not accept these terms, do not use the Website. We may revise this legal notice at any time and you should therefore check the Website periodically for any updates, which will be binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. Disclaimer

2.1       The material contained on the Website is provided for general information purposes only and does not constitute legal or other professional advice. No content on the Website constitutes an offer or solicitation by us or a Person connected with us to buy, sell or otherwise deal in any particular Investment and such content does not constitute an offer, solicitation or recommendation to buy, sell or otherwise trade all or any Investments which may be mentioned in such content.

2.2       We may make changes to the material on the Website, or to the services and costs described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

2.3       Neither we nor any person connected with us nor our agents nor our suppliers make any representation or warranty (including, without limitation, relating to reliability, currency, completeness, timeliness, accuracy or use of reasonable care and skill) in respect of the information in this Website and we shall not be held liable for any investment decisions made by you as a result of content displayed on the Website save where we have provided investment advice in accordance with our standard terms and conditions.

2.4       The information in the Website is provided “as is” and has been derived from sources believed to be accurate and reliable. Other than for information on the APW and its group companies, we have not independently verified any information on this Website and we accept no responsibility for the accuracy or timeliness of prices or other information received from third parties.

2.5       Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

2.6       Any statements on the Website as to the levels and bases of taxation and all other references to legislation and regulatory controls are, to the best of our knowledge and belief, in accordance with current legislation and practice. Levels and bases of taxation can change and clients are advised to seek their own legal and tax advice on their personal position and to make sure that they are not contravening the laws of any country. We do not give legal or tax advice.

2.7       Any views expressed on the Website reflect the current views of APW and its group companies. The views expressed may change without notice or liability.

2.8       There are legal requirements in various countries which may restrict the information which APW can lawfully provide. Accordingly, the information contained in some sections of the Website may be provided for residents of certain countries only. Persons who receive the content or who have access to it should inform themselves about and observe any restrictions imposed in the jurisdiction in which this Website is accessed.

2.9       Only investors with appropriate knowledge and experience to evaluate the applicable merits and risks should consider an investment in the instruments discussed on the Website. You should seek professional advice as to the suitability of any Investment referred to on the Website. The value of investments may fall as well as rise either in absolute terms or due to fluctuations in exchange rates.

3. Security

3.1       Upon registration to use the secure sections of the Website you will be provided with a username and initial temporary password which we will ask you to change upon first use in accordance with our requirements.

3.2       In accessing the Website you agree that:

(a)         you will not disclose your login details or allow them to be disclosed to any other person and you will take all appropriate measures to prevent such disclosure; and

(b)        immediately upon becoming suspicious that your login details have been disclosed to another person, you will:

(i)         cease to make further use of them;

(ii)        telephone us and notify us of the unauthorised disclosure; and

(iii)       follow this notification at once with confirmation in writing or by email.

3.3       You must ensure that, if using a computer in a public place, you are not observed whilst entering your logon details and that you log out of your session when finished.

4. Usage and Reliability

4.1       You agree that you will not use, and will not permit or suffer any other person to use, the Website for any unlawful, obscene, abusive or libellous purpose.

4.2       Although we will endeavour to provide you with continuous access to our Website, we do not guarantee or represent that we can do and we will not be held liable for any loss or liability incurred as a result of disruptions to your access which are beyond our control. You acknowledge that the services provided via the Website may not be error free, that they may be interrupted and that they can be variable. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for other reasons beyond our control.

4.3       We reserve the right to suspend our services without notice on occasion in order to maintain or repair the Website or related software, or if at any time we are unable for whatever reason to ensure the integrity of the service.

5. Copyright

All content on the Website is protected by applicable copyright and other intellectual property laws. Such content may be displayed and printed for your personal non-commercial use, but you agree not to reproduce, transmit or distribute such content without our prior written consent.

6. Liability

6.1       APW and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

6.2       You agree that your sole and exclusive remedy if dissatisfied with the Website for any reason whatsoever is termination of our services, and of any contract between you and us, in accordance with the provisions of our standard terms and conditions as the same may be amended or restated from time to time.

6.3       If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

6.4       You accept that we have no liability to you, arising from breach of confidentiality or otherwise, if through no fault of our own any other person sees any communication which is deemed to have been delivered to your email address or viewed by you via the Website. You acknowledge that any third party you may have appointed to act on your behalf in connection with your account (or to whom you have given consent to view your account) will, once authorised by us, be able to view your account details online for administrative purposes only and will be provided with login details to enable them to do so.

6.5       Nothing in this legal notice shall exclude or limit any liability which cannot be excluded or limited under applicable law.

7. Privacy and Data Protection

7.1       The Website may requests and collect certain personally identifiable information such as, though not limited to, name, phone number, fax number and e-mail address. All such personal information is processed in accordance with the data protection legislation applicable in the jurisdiction in which we are processing such information. The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy. You should be aware that the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7.2       Save as set out above, we will only disclose information collected on and through the Website where we have your prior and written approval, where we are compelled to do so by law or by the laws of another jurisdiction, where it is necessary to protect the interests of the APW group, where the information is already in the public domain, where it is deemed to be in the public interest or where it is necessary to promote fraud prevention. We may make information concerning users of the Website available to law enforcement personnel and agencies when requested to do so or as required by law. By providing any personal information to the Website, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in Jersey and other appropriate countries or territories.

7.3       “Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Website. We may use cookies to customise your experience on the Website. We may also use cookies to record how many times a user has visited the Website and what pages the user has accessed. You may, however, disallow receiving cookies at any time by activating the setting in your web browser which allows you to refuse the setting of cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.  It is not our intention to use cookies to retrieve information that is unrelated to the Website or your interaction with the Website.

7.4       We may collect information about your computer, including where available your IP (Internet Protocol) address, operating system and browser type to help diagnose problems with our server, and to administer the Website. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

8. Governing Law and Jurisdiction

This legal notice shall be governed by and construed in accordance with Jersey law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Jersey courts.