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 the online portal (the “Portal”) to you and apply to your use of the Portal.
2. The portal
2.1 The Portal 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 Portal 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 Portal.
2.3 There is no charge for this service.
2.4 In order to be able to access the Portal, 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 Portal. You must not disclose your Login Details to any person or otherwise allow any person to access the Portal 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 Portal.
2.7 If you forget your Login Details, please follow the “Forgotten Password” or “Forgotten Username” links on the Portal homepage or contact your portfolio manager or other contact.
3. Your use of the portal
3.1 In signing up to access the Portal, you agree that:
(a) your personal documents, information and data held by us may be uploaded to the Portal;
(b) all information and documentation posted to the Portal remains controlled by us and we may remove any and all such information and documentation from the Portal at our discretion.
3.2 When accessing or making use of the Portal, 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; or
(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 Portal.
3.3 You must take your own precautions to ensure that the process which you employ for accessing this Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
3.4 All information provided on the Portal 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.
3.5 The Portal must not be used for giving instructions in relation to your investments or portfolio(s). Any instructions submitted via the Portal will not be actioned.
4. Third party client representatives
4.1 Where you are a third party client representative:
(a) your access to the Portal 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 Portal 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 Portal; 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 portal
5.1 We will use reasonable endeavours to ensure the accuracy of information available via the Portal 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 Portal 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 Portal is available and accessible, this may not always be the case. We reserve the right to limit availability of the Portal 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 Portal, or (b) any information displayed on the Portal or (c) any interruptions, viruses, worms or other harmful programmes from the Portal, unless such damage is caused by our gross negligence or wilful default. Nothing in these Terms or the Portal shall operate to exclude or limit any liability which may not be limited or excluded by law.
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 Portal. 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 Portal.
6.4 A copy of the current version of the Terms will be available in the ‘Documents’ section of the Portal.
7. Ending the agreement for this service
7.1 We may terminate these Terms and the provision of the Portal 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 Portal 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 at: https://www.jameshambro.com/complaints-procedure/
8.2 If you have any complaints in relation to the Portal 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 Portal 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 Portal.
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