1. Who we are
1.1 We are James Hambro & Partners LLP. We are authorised and regulated by the Financial Conduct Authority (“FCA”) under firm reference number 513246. We are a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 under Partnership no: OC350134 and our registered office is at 45 Pall Mall, London, SW1Y 5JG.
1.2 These terms and conditions (the “Terms”) set out the basis on which we provide this application and related content (the “App”) available via the App to you. The App and related content are provided to you for private, non-commercial use.
2. The app
2.1 The App is made available in conjunction with the investment services that we provide to you and which are governed by separate terms and conditions.
2.2 The App is designed to provide you with access to:
(a) information regarding your portfolios and investments, including the balance, composition, performance, risk category, and valuations of your portfolio(s) held with us;
(b) previous reports on your portfolio(s);
(c) research reports that we determine, based on the information we hold regarding your investment preferences, may be of interest to you; and
(d) such other content, functions, features and services as we may make available on the App.
2.3 There is no charge for this service and you may delete the App at any time.
2.4 In order to be able to access the App, you will need to use a specific user ID, email address and password (together “Login Details”), details of which will be provided to you by us when you tell us you wish to use the App. You must not disclose your Login Details to any person or otherwise allow any person to access the App using your Login Details. You must also keep your Login Details safe and not leave them anywhere where it may be accessed by another person.
2.5 If you think that a third party may have had access to your Login Details, you must tell us immediately by contacting your portfolio manager or other contact and you will be provided with new Login Details.
2.6 We accept no liability for any loss or damage however caused by another person using your Login Details to access the App.
2.7 If you forget your Login Details, please contact your portfolio manager or other contact.
3. Your use of the app
3.2 In signing up to access the App, you agree that:
(a) your personal documents, information and data held by us may be uploaded to the App;
(b) all information and documentation posted to the App remains controlled by us and we may remove any and all such information and documentation from the App at our discretion.
3.3 All information provided on the App is for information purposes only. The information provided does not constitute an offer or recommendation to buy or sell an investment and should not be relied on or taking into account in relation to any investment decisions you may make.
3.4 When accessing or making use of the App, you must not:
(a) use the information, services and facilities provided for any illegal, offensive or defamatory purposes or in a way prohibited by these Terms;
(b) post or transmit any information or software which contains a virus, worm or other harmful programme; restrict or inhibit any other user from using the App;
(c) modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the App, including any files, tables or documentation (or any portion of it) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the App or any derivative works of the App;
(d) distribute, license, transfer, or sell, in whole or in part, any of the App or any derivative works of the App;
(e) market, rent or lease the App for a fee or charge, or use the App to advertise or perform any commercial solicitation;
(f) interfere with or attempt to interfere with the proper working of the App, disrupt our website or any networks connected to the App, or bypass any measures we may use to prevent or restrict access to the App;
(g) incorporate the App or any portion of the App into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the App in our sole discretion;
(h) use automated scripts to collect information from or otherwise interact with the App;
(i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the App;
(j) use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the App; or
(k) use the App in a manner that may create a conflict of interest or undermine the purposes of the App, such as trading reviews with other users or writing or soliciting shill reviews (i.e. a review which is not reflective of your actual opinion but is instead intended to advance some other agenda).
3.5 We do not guarantee that the App will be secure or free from bugs or viruses. You must take your own precautions to ensure that the process which you employ for accessing this App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own devices.
3.6 The App must not be used for giving instructions in relation to your investments or portfolio(s). Any instructions submitted via the App will not be actioned.
3.7 As a condition of your access to and use of the App, you agree not to use the App to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
4. Third party client representatives
4.1 Where you are a third party client representative:
(a) your access to the App will provide you with access to the items set out in section 2.1 on behalf of each your clients to whom we provide certain investment services;
(b) you undertake to us that you have obtained all necessary consents from your clients in order to be provided with access to the App and you agree to indemnify us against any claims made by your clients against us in relation to your access to and / or use of the App; and
(c) you agree that we may ask you for such evidence of the client consent required by clause 4.1(b) above as we may reasonably require.
5. The provision of the app
5.1 We will use reasonable endeavours to ensure the accuracy of information available via the App and to correct any errors or omissions within our control as soon as practicable once we are aware of them. However, we do not represent the accuracy, completeness or timeliness of the information available on the App and if you are in any doubt as to the accuracy of the information you should contact your portfolio manager or other contact.
5.2 We do not accept responsibility for information obtained from third-parties and we will use reasonable endeavours to identify such information.
5.3 It is important that you understand that while every effort is made to ensure that the App is available and accessible, this may not always be the case and we are under no obligation to provide continued access to the App. We reserve the right to limit availability of the App for maintenance and other operational reasons and will use reasonable endeavours to ensure that maintenance is performed outside normal business hours however you acknowledge this may not be possible for emergency maintenance or situations outside our control.
5.4 We accept no liability for any direct, indirect, ordinary, special or consequential damage or loss arising out of, or in connection with (a) the use or inability to use the App, or (b) any information displayed on the App or (c) any interruptions, viruses, worms or other harmful programmes from the App, unless such damage is caused by our gross negligence or wilful default. Nothing in these Terms or the App shall operate to exclude or limit any liability which may not be limited or excluded by law.
5.5 The App is only for people 18 years old or older. By using the App, you confirm that you are over the relevant age specified above. If we learn that someone under the relevant age specified above is using the App, we will terminate that user’s account.
5.6 We only provide the App for domestic and private use. Unless you have our express written consent, you agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
5.7 You are responsible for any mobile charges that may apply to your use of the App, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the App.
5.8 The technical aspects of the App vary between devices and is impacted by multiple factors, including your available bandwidth and device capabilities. Not all content which may be available via the App is available in all formats.
5.9 You may view the App within the country in which you have set up an account. You may also be able to view certain aspects of the App in other geographic locations where we offer the App and this may vary from location to location. The content available via the App will also change from time to time. You may view Service Content on the volume of devices specified in your Account settings.
6. Changes to these terms
6.1 We may from time to time change these Terms for the following reasons:
(a) to comply with or reflect a change of law or a decision of an ombudsman, court, regulator or industry body;
(b) to make them more favourable to you or to correct a mistake or oversight (provided that any correction would not be detrimental to your rights);
(c) to provide for the introduction of new systems, service procedures, processes, changes in technology and products (provided that any change would not be detrimental to your rights); or
(d) to add or remove a product or service.
6.2 You will be notified of any proposed change to these Terms by way of a pop up when you log in to the App. This pop up will require you to acknowledge your agreement to the proposed changes and will provide you with the date when these changes take effect, which will be in no less than in 28 calendar days’ time unless the proposed change is in your favour or to introduce a new product or service, where we may make the change immediately.
6.3 If you do not accept the changes we propose to make, you should not acknowledge your agreement to the changes via the pop up, however you will no longer be unable to access the App.
6.4 A copy of the current version of the Terms will be available in the ‘Documents’ section of the App.
7. Ending the agreement for this service
7.1 We may terminate these Terms and the provision of the App by sending you a letter, by post or email (where we hold an authorised email address for you) giving you 28 calendar days prior written notice.
7.2 We may, however, terminate these Terms and your access to the App immediately without notice where you do not comply with these Terms.
7.3 Where either we or you terminate the agreement under which we provide you with investment services, these Terms will also terminate at the same date without the need for separate notice of termination.
8. How to make a complaint
8.1 We have established procedures in accordance with the FCA’s requirements for complaints consideration and handling, to ensure that complaints are dealt with fairly and promptly. Our written complaints policy is available from your portfolio manager or other contact or on our website at: https://www.jameshambro.com/complaints-procedure/
8.2 If you have any complaints in relation to the App you should contact your portfolio manager or other contact or the Compliance team.
9. Governing law and dispute resolution
9.1 These Terms are in English and we will communicate with you in English.
9.2 These Terms and your use of the App will be governed and interpreted according to the laws of England and Wales, save that, where these differ and provide for a higher standard of consumer protection, you are entitled to the benefit of any mandatory consumer protection rules of the country of your primary residence.
9.3 You and we agree that the courts of England and Wales will have jurisdiction in relation to any matter arising under these Terms or your use of the App.
9.4 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce of these Terms.
10. Using your data