Temple Bar Investment Trust plc – Terms of Use
Last updated: April 2013
Introduction
This website at templebarinvestments.co.uk (“Website”) is operated by Temple Bar Investment Trust plc with its registered address at Woolgate Exchange, 25 Basinghall Street, London, EC2V 5HA (collectively, “Temple Bar” or “we/us/our”).
Agreement
Using the Website
If you have any queries regarding the Website or any of the information or materials contained on or in it, please contact us by email at martin.slade@investecmail.com or by telephone on 020 8597 2000.
The use of this Website is subject to these Terms of Use which set out the basic rules that govern your use of the Website together with our Privacy and Cookies Policy. Please read the Terms of Use carefully, as your use of the Website constitutes your agreement to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use the Website.
Other terms and conditions may apply where you access other services through the Website. You should read any other applicable terms and conditions carefully before accessing and using the other services.
Terms of Use
- 1. Modification
We may change, edit, delete or revise the content of this Website from time to time, including these Terms of Use. Please check this page for changes which have been made to the Terms of Use. Your use of this Website after a change has been posted constitutes your acceptance of the amended Terms of Use.
- 2. Intellectual Property
| 2.1 |
We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in this Website, and in the material published on it. Your use of the Website grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved. |
| 2.2 |
You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, post, transmit or sell any content or intellectual property appearing on this Website. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. |
| 2.3 |
You may print or otherwise copy materials published on this Website for non-commercial use only, provided that any copy of these materials which you make retains all copyright and other proprietary notices. |
| 2.4 |
If you print off, copy or download any part of this Website in breach of these Terms of Use, we reserve the right to suspend or terminate your use of this Website immediately and you must, at our option, return or destroy any copies of the materials you have made. |
- 3. Links to Third Party Websites and Restrictions
| 3.1 |
The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website. |
| 3.2 |
These Terms of Use do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider. |
| 3.3 |
You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. |
- 4. Disclaimer of liability
| 4.1 |
Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. |
| 4.2 |
Certain information on the Website may be of an historical nature. All historical information contained in the documents or presentations set out in the Website should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or the relevant recordings were made. Nothing on this Website constitutes an invitation or offer to invest or deal in the securities of Temple Bar or an invitation by Temple Bar to enter into a contract with a user of this part of the Website. |
| 4.3 |
Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Website. |
| 4.4 |
Subject to clause 4.6 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise: |
| |
| 4.4.1 |
any indirect, special or consequential losses; |
| 4.4.2 |
Certain information on the Website may be of an historical nature. All historical information contained in the documents or presentations set out in the Website should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or the relevant recordings were made. Nothing on this Website constitutes an invitation or offer to invest or deal in the securities of Temple Bar or an invitation by Temple Bar to enter into a contract with a user of this part of the Website. |
| 4.4.3 |
Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Website. |
| 4.4.4 |
Subject to clause 4.6 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise: |
| 4.4.5 |
any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action. |
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| 4.5 |
Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law. |
| 4.6 |
We do not seek to exclude or limit our liability to you for: |
| |
| 4.6.1 |
death or personal injury caused by our negligence; |
| 4.6.2 |
fraud or fraudulent misrepresentation; or |
| 4.6.3 |
any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. |
|
- 5. Miscellaneous
| 5.1 |
These Terms of Use are governed by the laws of England and only the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them. |
| 5.2 |
If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected. |
| 5.3 |
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. |
| 5.4 |
Please read the terms of the Privacy and Cookies Policy which contains important information about the use of the personal information you provide when using this Website. |
Temple Bar Investment Trust plc– Privacy and Cookies Policy
Last updated: April 2013
Privacy and Cookies Policy
This policy sets out how Temple Bar Investment Trust plc (“Temple Bar”, “we”/”us”/”our”) uses and protects any information that you give us when you use this website (the “Website”). We regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy. If you have any questions about this policy or do not agree with it, please contact us by e-mail at martin.slade@investecmail.com before using this Website.
We may change this Privacy and Cookies Policy from time to time by updating this page. You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes. This Privacy and Cookies Policy is effective from April 2013.
Other privacy terms may apply where you access other services through the Website. You should read any other applicable privacy policies carefully before accessing and using such other services.
What personal information do we collect?
In general, you can use this Website without giving us any personal information. However, we may gather certain information such as records of your activity on the Website without you giving us personal information.
We may collect and use the following information:
- your name and contact information (including e-mail address) and any other contact details you provide to us when you complete the Contact Form on the website;
- the reason for your contact, for example, an enquiry or to provide a comment;
- information you provide if you report a problem with our Website;
- records of any correspondence when you contact us; and
- Anonymous details of your visits to the Website including, but not limited to, traffic data, location data and communication data and the resources that you access.
What do we do with the personal information we collect?
We use your personal information to provide you with a better service, and in particular for the following reasons:
- internal record keeping;
- to improve our products and services;
- to improve and personalise your experience when you visit the Website;
- for the operation, administration, development and enhancement of the Website and to ensure that the content of the Website is presented in the most effective manner for you and for your computer;
- to advertise certain products which we think you might be interested in to you when you visit the Website;
- to contact you regarding any specific request or enquiry you make;
- statistical analysis;
- where necessary as part of any restructuring of the company or a sale of a relevant member in the same group of companies as Temple Bar; and
Who do we share this information with?
Your personal information will be used for the above purposes by relevant staff in Temple Bar and by those who support them in their roles. It will also be made available to companies within our group of companies, and to those we engage to help us run our business. This may include service providers and subcontractors retained to perform functions on our behalf or to provide services to us, such as marketing and advertising; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and other services related to our business. Such information being provided to such service providers and subcontractors on the basis that they do not collect, use or disclose the personal information for any purpose other than to perform such functions on our behalf or to provide services to us or as otherwise required by law.
Your personal information may also be shared within our group of companies for other limited purposes e.g. to the extent needed for proper management and analysis and decision making.
Temple Bar may also disclose your personal data:
- In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
- When Temple Bar believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of Temple Bar, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
- To prospective or actual buyers in the event that Temple Bar sells any of its business or assets.
Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.
How to get copies of or amend the information we have collected
Under the Data Protection Act 1998 you have certain rights in relation to the information we hold about you. You can find out if we hold any personal information by making a ‘subject access request’ under the Data Protection Act 1998 and obtain a copy of those details about you which you would like to have. In addition, you have other rights in relation to your data such as the right to request correction of your personal information.
Should you wish to make a request, please contact us at martin.slade@investecmail.com or write to us at Temple Bar Investment Trust plc, Woolgate Exchange, 25 Basinghall Street, London, EC2V 5HA enclosing a cheque for £10 payable to Temple Bar Investment Trust PLC. Details will be provided to you within 40 days of us receiving your clear, written request and fee.
If you believe that any information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible. We will correct or update any information as soon as possible.
Security and storage
Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure as appropriate to the nature of the information and the harm that might result from a breach of security.
Unfortunately, we cannot guarantee the security of any transmission of personal information over the Internet. Communications over the internet such as e-mails are not secure unless they have been encrypted. So while we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us. You therefore accept the inherent security implications of dealing online and will not hold us responsible for any breach of security unless such breach has been caused by the specific negligence of Temple Bar, its affiliates or its agents.
Cookies
The only cookies in use on the Temple Bar Website are provided by Google Analytics in order to collect anonymous website usage statistics. “Performance” cookies such as these collect information about how users navigate the Website, for example, which pages users access most frequently. They identify how users interact with our Website, any errors that occur, which pages are not used often, which pages take a long time to load, which pages users tend to visit and in what order. These cookies do not collect any information which could identify you and are only used to help us improve how our Website works and understand what interests our Website’s users.
Cookies are files that store information on your hard drive or browser that mean that our Website can recognise that you have visited the Website before and which are used to facilitate access to the Website and to tailor your experience of the Website.
Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.) If you do so, some of the features and services of the Website may not function properly. Your continued use of the Website will be treated as consent to the use of these cookies for the purposes described.
| Cookie |
Cookies type/duration |
Category of cookie as defined in the ICC Cookie Guide |
Purpose |
| Google Analytics |
Analytics/2 years |
Performance |
Anonymous website usage statistics |