Terms & Conditions
DEFINITIONS
"ARC", "we" or "our" - Asset Risk Consultants Limited, a company incorporated in Guernsey and any affiliated companies, parent companies or subsidiaries.
"The Sites" - Refers to any or all pages contained within www.arccharityindices.com, www.assetrisk.com, www.privateclientindices.com and www.suggestus.com that were created and provided by or on behalf of Asset Risk Consultants Limited. It does not include pages provided by Third Party Sites (defined below).
"Third Party Site" - Refers to a website or web-page that is not part of the Sites. This includes pages which may appear within the frames of the Sites and pages that are accessed via links that appear on the Sites.
"The Data" - Refers to the reports, information, figures, results, manager lists, charts and reports that have been calculated and supplied by Asset Risk Consultants Limited that appear in the Site including, without limitation, the ARC Risk Profiling Questionnaire, ARC Private Client Indices and the ARC Charity Indices.
"Data Contributor" - Refers to any third party firm or persons providing data to ARC which is made available for download in the Sites or from which the Data is derived.
THE SITES
When you register and use the Sites, we will ask you to provide certain personal information. We will collate and store this information and make it available to managers whose Data you have requested. The information you provide may be transferred outside the Bailiwick of Guernsey. We will also track usage patterns with the aim of refining and expanding our service. We may gather details of your domain name, IP address and the details of the website you came from to enable us to improve the Site. By agreeing to these Terms and Conditions you consent to data provided by you being used in this way.
Your access to these Sites is subject to the terms and conditions set out in these Sites, our privacy policy set out in this disclaimer and any other notices, disclaimers, statements and any other terms and conditions contained in these Sites (collectively referred to as the "Terms and Conditions"). By accessing and using these Sites you are agreeing to be legally bound by the Terms and Conditions.
We reserve the right to vary the terms of this Agreement at any time. You will be able to access this Agreement via a link from each page on the Site showing the date this Agreement was last updated. Please revisit this Agreement from time to time as use of the Site implies your acceptance of the Terms and Conditions.
The Data provided is believed to be reliable at the time of compilation and is provided by ARC in good faith. However, the use of these Sites is at your own risk.
The Sites and all the Data are provided on an "as is" and "as available" basis. ARC makes no representations or warranties of any kind, whether express or implied. By using these Sites, you assume any and all risks that these Sites and the Data may be incomplete, inaccurate, out of date or not meet your requirements. In no circumstances whatsoever can ARC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of these Sites or the Data. Should the law of a particular jurisdiction not allow the exclusion or limitation of liability for any type of damages then our maximum liability for any type of damages howsoever arising shall be limited to £1,000.00.
Jurisdiction coverage
The information contained in these Sites is primarily provided for trustees and professional advisers dealing with the investment affairs of private clients and charities who are based in the UK or Channel Islands. The information is not an invitation to enter into any legal agreement of any kind. No statement or information in these Sites constitutes a recommendation, offer or invitation to invest in any investments, securities or products of ARC or its related entities.
Access to these Sites may be restricted by law in certain jurisdictions. The Sites do not constitute an extension of a recommendation, offer or invitation in any jurisdiction outside the United Kingdom or the Channel Islands (including without limitation the United States of America). ARC does not warrant to any person the suitability of the information contained in these Sites nor does it warrant that the information is in compliance with any applicable local laws or regulations in any jurisdiction outside the United Kingdom or the Channel Islands.
No Liability
ARC, its directors, employees and consultants do not accept any liability (whether arising in contract, tort, negligence or otherwise) for any error or omission in the material or for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the recipient of the information or any other person.
You hereby agree to release, discharge and indemnify ARC from and against any liabilities suffered or incurred by you or by ARC as a result of the use of the Sites.
Links to Third Party Sites
The Sites provide links to Third Party Sites. ARC does not control or endorse and is not responsible for the contents of these linked Third Party Sites. ARC provides hyperlinks to other websites for your convenience only. When you use Third Party Sites, you will be legally bound by the specific terms of use posted on such websites. Any information, opinions, representations or offers made in those linked third party websites are solely the responsibility of the third parties operating those websites and are not made by ARC. ARC makes no representation or warranty as to the accuracy or reliability of the information in those websites.
Advertisements on the site
Any advertisements, such as banner adverts, promotional images, text or other material provided by a third party that appear on the Site are not the responsibility of ARC and no warranties or guarantees are given whatsoever in respect of the products and services offered by advertising companies.
If you would like to link from a Third Party Site to the Sites, then you may only do so with the express permission of ARC.
THE DATA
The Data should be used as general information only. It is aimed exclusively at trustees and professional advisers dealing with the investment affairs of private clients and charities. Private investors are not permitted to access certain elements of the Data without express permission. Some knowledge of the workings of financial markets is assumed.
None of the Data takes into account the particular circumstances, investment objectives and needs for investment of any particular investor, or purport to be comprehensive or constitute investment advice of any type and should not be relied upon as such.
Agreements With Third Parties
You may choose as a result of your access to these Sites to enter into agreements with the Data Contributors listed in the Sites in relation to their services. ARC accepts no liability for such agreements between you and those contributors. You enter into those agreements at your own risk. You should consult a professional adviser to specifically advise you as to whether the services provided by those Data Contributors are suitable for your individual needs and aims as an investor. You should always complete your own analysis and/or seek appropriate professional advice before entering into an agreement with any Data Contributor.
The Data is based on historical information and past performance is not indicative of future performance. Some of the Data is computed using a complex calculation and the results are provided for information purposes only and are not necessarily an indicator of suitability for your specific investment or other requirements. The information provided on these Sites may be updated or changed at any time without notice.
ARC does not guarantee the performance of any investment or portfolio or the return of an investor's capital or any specific rate of return. ARC accepts no liability for any investment decision made on the basis of the Data contained in these Sites.
Non Commercial Use
The Sites and the Data, including but not limited to text, data, reports, opinions, images, graphs, photographs, graphics, charts displayed on the Sites may only be used for your personal and non commercial use and cannot be disseminated by you and used for the benefit of any third party. Except as otherwise permitted herein, you agree not to copy, reproduce, modify or store any Data, in whole or in part, from the Sites or to display, publish, distribute, transmit, broadcast or circulate any Content to anyone or for any commercial purpose, without the express prior written consent of ARC.
The Data is the property of ARC or its licensors and is protected by copyright and other intellectual property laws. You may not use the Sites for any unlawful purpose. You will honour all requests by ARC to protect ARC's proprietary interest in the Sites.
Third Party Information and Materials
The Sites may provide information, articles and material that are written and prepared by individuals who are not employees or representatives of ARC. Such material is provided for your interest and convenience only. ARC is not responsible for the contents or accuracy of this material, and the opinions expressed in the material should not be taken as recommendations or opinions of ARC.
UNDERTAKINGS BY YOU
You may not:
- interfere or tamper with, alter, amend or modify the Data on the Site or any part of it;
- copy or disassemble any of the software comprised in the Site; or
- attempt to do any of the above or permit any of the above to be done, in each case, except as expressly required or allowed by law.
You may not use the Data as part of any library, archive or similar service; remove any copyright or trademark notice from any copies of the Data; or create a database in electronic or structured manual form by systematically downloading and sorting all or any of the Data.
You will inform us without delay if you become aware of any defect in the Site.
You will notify us of any changes in your registration details.
You are responsible for ensuring the security of the computer environment from which you access the Site.
You agree to indemnify ARC from any actions, claims, costs, proceedings, losses, damages or liabilities arising from your use of the Sites and in relation to any information or Data you use or access by means of the Sites.
You agree that you are responsible for your own investment decisions and that you are responsible for assessing the suitability and accuracy of all Data and for obtaining your own advice thereon. You recognise that any information given on the Sites is not related to your particular circumstances.