The information described below is current at the date of publication but is subject to change without notice. You should review these Terms regularly as your continued use constitutes agreement to all such changes. This Site is issued by ICM Investment Management Limited (“ICMIM”), which is authorised and regulated in the United Kingdom by the Financial Conduct Authority, and is entered on the Financial Services Register with the Registration Number 630094. The Financial Services Register can be accessed at http://www.fsa.gov.uk/register/home.do. ICMIM is registered in England, with company number 08421482 and has its registered office at Suite 29, Forum House, Stirling Road, Chichester, West Sussex PO19 7DN.
Should you wish to contact ICMIM please refer to the “Contact” tab [which can be accessed via the menu bar at the top of each page of the website].
In these Terms:
‘content’ means all pages, screens, information and materials included in or accessible through this Site (including any content available on any email).
‘ICM Group’ means ICM Limited, ICMIM and their respective subsidiaries and associated companies.
‘you’, ‘your’ and ‘yours’ means you, the person(s) accessing this Site and the party on whose behalf you are doing so.
‘we’, ‘us’, ‘our’ and ‘ICMIM’ means ICM Investment Management Limited.
These Terms cover your use of this Site.
This Site may provide you with access to other websites which may be subject to their own terms and conditions. You should read their terms and conditions carefully before using the website in question.
This Site is intended for those who access it from within the United Kingdom. As a result, we cannot guarantee that the Site, or the information thereon, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which you access it. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and ICMIM will not be liable for any breach of local law or regulation that you commit as a result of doing so.
If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
The information, material and content provided in the pages of the Site may be changed at any time. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to any changes.
This Site and the information contained herein does not and is not intended to constitute a solicitation of interest in respect of the acquisition of any shares or securities in the investments or funds referred to in this Site or the provision of investment management, advisory or other services to any person in any jurisdiction in which such solicitation is not authorised or to any person to whom it would be unlawful to make such solicitation.
The content of this Site is general in nature. The Site is not intended to provide specific investment advice including, without limitation, investment, financial, legal, accounting or tax advice, or to make any recommendations about the suitability of ICMIM or any of the investments or funds referred to in this Site for the circumstances of any particular investor. If you do require investment advice, please consult a suitably qualified professional adviser.
Information on this Site (if any) regarding the past performance of an investment should not be seen as an indication of future performance. The value and any income arising from any investment referred to on this Site may go down as well as up. In particular you may not get back the full amount invested.
The following provisions under ‘No Warranties’ and ‘Exclusion of Our Liability’ exclude or limit our legal liability for this Site. You should read them carefully. They all apply only as far as the law permits and in particular the duties and liabilities owed to shareholders or clients under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority for the conduct of business are not excluded or restricted.
Other than the warranties and representations contained in these Terms, all other warranties and representations, whether express, implied or statutory are, to the fullest extent permitted by the law, excluded. We do not exclude or restrict our liabilities or duties to you where or to the extent that this is prohibited by law or regulation. Use of this Site is at your sole risk. We do not represent that:
• any information contained on this Site will be accurate, complete or up to date or meet your specific requirements,
• this Site will be available,
• access to this Site will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of information as this Site is transmitted to you,
• no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged and you are fully responsible for ensuring protective steps are taken such as virus checking
We do not provide any guarantee about the accuracy, functionality or performance of any third party software, content or equipment used in connection with this Site.
EXCLUSION OF OUR LIABILITY
To the extent permitted by law, we shall not be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:
• your use of this Site,
• your reliance on or your inability to use the information on this Site, or
• any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.
The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data.
All of the above exclusions apply even if you have advised us of the possibility of the above types of damage, loss or liability.
DATA PROTECTION AND PRIVACY
THIRD PARTY SITES AND ENDORSEMENTS
This Site may provide links to third party websites or resources (including the ability to download information) over which ICMIM has no control. These links are provided for your convenience which you may access at your sole discretion and entirely at your own risk. You should be aware that other websites are not subject to our privacy standards or procedures. You will need to contact the website owners directly to ascertain their privacy standards. We do not make any representation as to the accuracy or completeness of any linked websites, have not and will not review or update such websites and accept no responsibility for such websites.
LINKS TO OUR SITE
Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. You may link to the home page of this Site, provided that you do so in a way that is fair and legal, does not damage our reputation or take advantage of it. You must establish a link to this Site in such a way not to suggest approval or endorsement on our part where none exists.
We are not responsible for the set-up of any link from a third party website to our Site.
Neither you nor any other party may deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for any purposes, or use any machine, electronic, web based or similar device to read or extract the Content by machine based or automated means, without our prior written permission.
INTERNET AND E-MAIL COMMUNICATIONS
Messages sent over the internet (including e-mail) cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or possible alteration.
We are not responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any other party or any messages sent or appearing to be sent by us or any third party to you over the Internet (including e-mail). You should not include any sensitive or confidential information in such messages.
OUR MONITORING OF COMMUNICATIONS
To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the Internet, telephone or otherwise) between you and us. All recordings are our sole property.
INTELLECTUAL PROPERTY RIGHTS
Our Rights – all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in the Content are owned by or licensed to us unless otherwise stated.
Copying by you and your access to the Site – you may print, copy, download or temporarily store extracts from this Site for your personal use. You must not alter any extract contained on or obtained from this Site in any form. Any other use is prohibited unless you first get our written permission. Without limiting the above, unless you first get our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit any of the Content. Without limitation, neither you nor any other party may do any of the following without prior written consent from us:
• create any database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
• redistribute any of the Content (including by using it as part of any syndication, content aggregation, archive or similar service); or
• remove the copyright or trademark notice from any copies of Content made in accordance with these Terms.
You undertake not to use the Site for any purpose which is unlawful, abusive, libellous, obscene or threatening. You undertake to comply with any terms notified to you as required from time to time by any third party supplier of data or services to the Site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.
Any infringement of any of our intellectual property rights will result in appropriate legal action.
This Site contains names and logos that are registered trademarks owned by or licensed to ICMIM or the ICM Group. We may also claim trademarks and service marks in other marks contained within the pages of the Site. Use of any such names or logos is forbidden without our prior written consent.
AMENDMENT / WITHDRAWAL OF SERVICES
ICMIM reserves the right to make amendments and changes to the information on this Site or to withdraw access to this Site or any part of it at any time without notice. You are responsible for checking that this has not been updated since your last visit to the Site.
If you have any queries regarding privacy issues, then please write to us at ICM Investment Management Limited, Suite 29, Forum House, Stirling Road, Chichester, West Sussex PO19 7DN.
We may assign our rights and obligations under the Terms to any member of the ICM Group or to any successor to that part of our business which includes the Site, provided always that the assignee undertakes to comply with our obligations under the Terms, or appoint one or more agents to provide all or any of the service and references to “we”, “us” or “our” will include references to such assignees and agents.
No delay or failure by you or us to exercise any of our or your powers, rights or remedies under these Terms shall operate as a waiver of them, nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. The remedies provided in these Terms are cumulative and not exclusive of any remedies provided by law.
The terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of this jurisdiction will have non-exclusive jurisdiction in respect of any dispute, which may arise.