TERMS OF SERVICE
This page (together with the documents referred to on it) tells you the Terms of Service on which you may access and use the private areas of our website http://www.aucapital.com (our “Site”). We restrict access to our Site to users who have registered.
1. INFORMATION ABOUT US
1.1. http://www.aucapital.com is a site operated by AU Capital LLP ("we”, “us” or “our”). We are registered in England and Wales under company number OC343125 and have our registered office at Palladium House, Argyll Street, London W1F 7LD. Our main trading address is 60 Lombard Street, London, EC3V 9EA. Our VAT number is 974802590.
2. USE OF OUR SITE
2.1. This Site is solely intended for the use by institutions and professional advisers in the financial services industry. This Site is not intended for use by private investors. Only professional advisers such as lawyers, wealth managers, financial advisers, accountants or tax advisers may access the secure areas of this Site which are password protected. Should any investors wish to learn more about the opportunities on this Site, they must consult their professional adviser.
3.1. The contents of this site are for general information purposes only. Nothing on our site constitutes advice. Specialist advice should be taken in relation to specific circumstances.
3.2. Materials available through our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
3.3. The information provided on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Nothing in this Site, including any information provided, constitutes a solicitation or offer by us to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
3.4. The information on this site is provided "AS IS". We do not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaim any warranties of merchantability or fitness for a particular purpose.
4. ACCESSING OUR SITE
4.1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
4.2. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
5. You may use our Site only for lawful purposes. You may not use our Site:
5.1.1. in any way that breaches any applicable local, national or international law or regulation;
5.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3. for the purpose of harming or attempting to harm minors in any way;
5.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5.1.5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2. You also agree:
5.2.1. not to access without authority, interfere with, damage or disrupt:
184.108.40.206. any part of our Site;
220.127.116.11. any equipment or network on which our Site is stored;
18.104.22.168. any software used in the provision of our Site; or
22.214.171.124. any equipment or network or software owned or used by any third party.
6.1. Users must be either companies, other businesses or individuals 18 years of age or older who are, or work for an IFA, stockbroker, solicitor, accountant, product provider, investment house or other relevant professional within the financial services sector. We reserve the right to suspend access to the Site and/or cancel the account of any user we consider to be ineligible in our sole discretion, for whatever reason, without further notice. Users may maintain only one account. Any duplicate accounts will be subject to cancellation.
6.2. Users must provide true and accurate information when registering on our Site. Should any information provided prove false or misleading, we may suspend or terminate your account.
6.3. Users must choose a username ("ID") and a password to access the private area of the Site.
6.4. The user is responsible for keeping the ID, password, and other account information confidential and is fully responsible for all transactions and other activities that occur under the ID and password.
6.5. The user must not disclose the ID and password to any third party. We may disable any account or password if, in our reasonable opinion, the user’s account information has been compromised. The user must tell us immediately if the user suspects any unauthorised use.
7. SUSPENSION AND TERMINATION
7.1. Failure to comply with this acceptable use or content standards in these Terms of Service constitutes a material breach of the Terms of Service upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
7.1.1. immediate, temporary or permanent withdrawal of your right to use our Site.
7.1.2. issue of a warning to you;
7.1.3. legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
7.1.4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
7.2. We exclude liability for actions taken in response to breaches of the acceptable use or content standards sections of these Terms of Service. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may download materials from our Site for your internal business purposes. Any materials which our identified as owned by a third party are subject to that third party's licence terms.
8.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
8.5. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6. If you print off, copy or download any part of our Site in breach of these Terms of Service, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9.1. All the materials and content available through the private area of the Site are confidential (“Confidential Information”).
9.2. You agree not to:
9.2.1. disclose any Confidential Information to any third party; or
9.2.2. make any use of any such Confidential Information
other than as permitted by us or our licensee as set out on our Site or the materials available through our Site.
9.3. The confidentiality obligations in this clause shall not apply to any information which:
9.3.1. is or subsequently becomes available to the general public other than through a breach by you; or
9.3.2. is already known to you before disclosure by us;
9.3.3. is developed through your independent efforts;
9.3.4. is required to be disclosed by law, as long as you give us notice of such disclosure where permitted; or
9.3.5. you rightfully receive from a third party without restriction as to use.
10. OUR SITE CHANGES REGULARLY
10.1. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
11. OUR LIABILITY
11.1. As our Site is provided free of charge, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
11.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
11.1.2. any and all liability (whether arising in contract, tort or otherwise) for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it.
11.2. This does not affect our liability under clause 15 for sales of products or our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
13. TRANSACTIONS CONCLUDED THROUGH OUR SITE
13.1. Contracts for the supply of products formed through our Site are governed by our Terms of Sale.
14. TERMS OF SALE
14.2. Please read our terms and conditions and PayPal’s terms and conditions carefully before ordering any products from our Site. You should understand that by ordering any of our products, you agree to be bound by PayPal’s and our terms and conditions. You should print a copy of these terms and conditions for future reference.
14.3. Any products you purchase from us must be used in conjunction with these Terms of Service.
14.4. PayPal will provide you with information relating to payment for the products both before and after you instruct PayPal to make the payment. The information will be made available to you on the web-pages PayPal shows to you before payment is executed, in any email it may send you and in PayPal’s Key Payment and Service Information (https://cms.paypal.com/uk/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/ServiceDescription_full&locale.x=en_GB).
14.5. The contract between us (“Contract”) for the purchase of the products will come into being once we accept receipt of the payment.
14.6. The documents will be available for download once we accept receipt of the payment.
14.7. The price of any products will be as quoted on our Site from time to time, except in cases of obvious error. We are under no obligation to provide the products to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
14.8. These prices include VAT.
14.9. Cancellations and refunds are governed by PayPal’s terms and conditions. Please refer to PayPal’s User Agreement (https://cms.paypal.com/uk/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_GB) for full details.
15. OUR LIABILITY FOR SALES OF PRODUCTS
15.1. We warrant to you that any products purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
15.2. Our liability for any and all losses or damage you suffer (whether direct or indirect and whether arising in contract, tort or otherwise) as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchased.
15.3. This does not include or limit in any way our liability:
15.3.1. For death or personal injury caused by our negligence;
15.3.2. For fraud or fraudulent misrepresentation; or
15.3.3. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16. WRITTEN COMMUNICATIONS
16.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1. All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 20. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.
18. EVENTS OUTSIDE OUR CONTROL
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
19. ENTIRE AGREEMENT
19.1. These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS OF SERVICE
20.1. We have the right to revise and amend these Terms of Service from time to time to reflect changes in the way we do business.
20.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
21. VIRUSES, HACKING AND OTHER OFFENCES
21.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
21.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
21.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
22. JURISDICTION AND APPLICABLE LAW
22.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site including Contracts for the purchase of products through our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Service are governed by English law.
23.1. We may revise these Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on our site.
24. YOUR CONCERNS
24.1. If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org.
Thank you for visiting our site.