Terms and Conditions of Use of the Secure Client Website of RBS Sempra Commodities, a business of The Royal Bank of Scotland plc.
This secure client website is licensed by RBS Sempra Commodities, a business of The Royal Bank of Scotland plc ("RBS"). The use of this website is subject to the following terms and conditions, which you should read carefully. By using this website, you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this website.
Use of website
1 The information provided on this website or in any communication containing a link to this site is only for the personal use and informational purposes of clients of RBS Sempra Commodities and is not intended for distribution to or use by any person or entity in any jurisdiction in any country where such distribution or use would be contrary to law or regulation or that would subject any member of The Royal Bank of Scotland Group ("the RBS Group") to any registration requirement within such jurisdiction or country. Where any opinions are expressed on this website, they are provided by the RBS Group for personal use and for informational purposes only.
2 This website is designed to be accessed through its principal home pages and such other pages as we may decide. If you access the site directly through other individual pages that are not designed for this purpose, you may not see important information that is relevant to information on this website.
Exclusion of liability
3 These 'Exclusion of Liability' provisions should be read carefully, as they exclude or limit our legal liability in connection with your use of this website. Nothing in these terms and conditions - and in particular within the 'Exclusion of Liability' clauses - shall attempt to exclude liability that is not permissible under applicable law, including without limitation, for death, personal injury, or fraudulent misrepresentation.
4 Nothing in these terms and conditions shall exclude, limit, or restrict our duties and liabilities to you under the Financial Services and Markets Act 2000 or under any regulations with which we are bound to comply.
5 While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings, or representations (either express or implied) to the full extent permitted under applicable law, that the website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.
6 We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:
- economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
- loss of goodwill or reputation;
- special, incidental, consequential loss or damage,
suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.
7 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 or otherwise minimise or eliminate the inherent risks of the internet, including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans, and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.
8 The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
Personal Data
9 We may use and share your information with other members of the RBS Group to help us and them:
- assess financial and insurance risks;
- recover debt;
- develop customer relationships, services and systems; and
- prevent and detect crime.
Your information includes information about your transactions.
We do not disclose your information to anyone outside the RBS Group except:
- where we have your permission;
- where we are required or permitted to do so by law;
- where it is necessary to enable other companies to provide a service to us or you; or
- where we may transfer rights and obligations under these terms and conditions.
From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change, we shall write to you. If you do not object to the change within 60 days, you consent to that change.
If you would like a copy of the information we hold about you, please write to: RBS Sempra Commodities, 155 Bishopsgate, London EC2M 3TZ. A fee may be payable.
Copyright
10 © JP Morgan and licensed to The Royal Bank of Scotland plc. All rights, save as expressly granted, are reserved. Reproduction in any form of any part of the contents of this website without our prior written consent is prohibited unless for personal use only.
Trade marks
11 This website contains numerous trade marks belonging to The Royal Bank of Scotland Group plc and other companies in the RBS Group. These trade marks include, but are not limited to, The Royal Bank of Scotland logo, The Royal Bank of Scotland, RBS, RBS Sempra Commodities, and RBS Sempra Metals. If you are in doubt as to whether an item is a trade mark of The Royal Bank of Scotland Group plc or a member of the RBS Group, please contact us for clarification at the registered office address below.
Advice
12 The contents of this website do not purport to provide any financial, investment, or professional advice, and nothing on the pages of this website shall be deemed to constitute the offer or provision of financial, investment, or other professional advice in any way. In particular, you should obtain advice from a qualified expert before making any investment decision.
Regulatory Information
13 RBS is authorised and regulated by the Financial Services Authority. The Bank is entered in the FSA's Register, and its Register number is 121882. The FSA's Register can be accessed at www.fsa.gov.uk/register/. The Bank's registered VAT number is GB 243852752.
14 Persons dealing with any member of the RBS Group outside the UK are not covered by the rules and regulations applicable for the protection of investors in the UK.
Changes to website
15 The contents of this website, including these terms and conditions of use, are subject to change by us without notification, and the RBS Group shall not be obliged to remove any outdated information from the website or to expressly mark it as being outdated.
Telephone Calls
16 Calls may be recorded.
Internet communications
17 In order to maintain the security of its systems, protect its staff, and detect fraud and other crimes, the RBS Group reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to: viruses and other malignant code, criminal activity, and use or content that is unauthorised, because it is in breach of the Group Dignity at Work and Information Security policies.
Australian Residents
18 Persons accessing this website from Australia should note that their access to and use of the information, services, and products on this website may be prohibited under the Australian Corporations Act 2001 or under RBS's Australian Financial Services Licence. Where such prohibitions apply, nothing contained in this website should be construed as an authorisation to access or use the information, services, or products on this website in Australia.
Other Important Information
19 No information and/or opinions contained in this website constitute: a public offer under any applicable legislation; an offer to sell; a solicitation or an offer to buy any securities or financial instruments; or any advice or recommendation with respect to any securities or other financial instruments.
20 The information contained in this website is subject to and must be read in conjunction with all other publicly available information, including, where relevant, any fuller disclosure document published by RBS. Any person at any time acquiring financial instruments must do so only on the basis of such person's own judgment as to the merits of the suitability of the financial instruments for its purposes and only on such information as is contained such in public information, having taken all such professional or other advice as it considers necessary or appropriate in the circumstances, and not in reliance on the information contained herein. The information is not tailored for any particular investor and does not constitute individual investment advice.
21 Information in this website relating to the yield on investments or the price at which investments have been bought or sold in the past cannot be relied upon as a guide to future performance. Commodities trading and trading in derivative products such as futures, options, and contracts for differences all involve substantial risk of loss. Although derivative instruments can be utilised for the management of investment risk, some of these products are unsuitable for many investors. Different instruments involve different levels of exposure to risk, and in deciding whether to trade in such instruments, you should be aware that certain instruments are difficult to trade in, either because they are illiquid, or because they are bilaterally negotiated. You should also be aware that there is a restricted market for such investments. It may therefore be difficult to deal in them or to obtain reliable information about their value.
22 The financial information published on, to be published on, made available through, or to be made available through this website (the "Website Information"), such as account statements, reports of forward positions, and contracts traded, is compiled and placed on the Secure Client Website with the greatest of care. Nevertheless, all Website Information should be used only for the information and convenience of our clients and shall not be relied upon as formal confirmation of the transactions between us. Only the original, paper confirmations provided pursuant to our Professional Client Terms of Business shall be regarded as the original version and relied upon by clients.
Regulatory Information
23 RBS is a member of the Financial Services Compensation Scheme ("FSCS"). The Scheme can pay compensation to customers if a regulated firm is unable to pay claims against it, usually if the firm stops trading or is insolvent. The following compensation limits apply:
- Deposit Taking firms - maximum £35,000 per person (100% of claim).
- Insurance firms - first £2,000 of an insurance claim or policy is covered in full, plus 90% of the balance. Compulsory insurance covered in full.
- Investment firms - up to £48,000 per person (100% of £30,000 and 90% of the next £20,000).
- Mortgage advice and arranging - up to £48,000 (100% of £30,000 and 90% of the next £20,000).
For further information on the conditions governing compensation and details on how to apply please refer to the FSCS at http://www.fscs.org.uk. The FSCS can also be contacted by telephone on 020 7892 7300, by fax on 020 7892 730,1 or by writing to FSCS, 7th Floor, Lloyds Chambers, 1 Portsoken Street, London, E1 8BN.
24 RBS subscribes to the Banking Code and Business Banking Code. If you would like a Banking Code or Business Banking Code leaflet, ask a member of staff at any branch. Full details of the Code are also available from the British Bankers' Association website.
25 If you are not satisfied with any of RBS's products or services we have a complaint handling procedure that you can use to resolve such matters. RBS is a member of The Financial Ombudsman Service. If you are still not satisfied after following the RBS's procedures, you can ask the Ombudsman to review the complaint. You can find out more about The Financial Ombudsman Service in a leaflet available from any branch of RBS or from the Financial Ombudsman Service's website at http://www.financial-ombudsman.org.uk/default.htm. Alternatively you can contact the Financial Ombudsman Service by telephoning 0845 080 1800, by emailing complaint.info@financial-ombudsman.org.uk, or by writing to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR.
Enforceability
26 In the event any provision of these terms and conditions of use and access of this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision.
Governing Law
27 The terms and conditions of use of this website are governed by the laws of England, and any dispute regarding this website shall be subject to the exclusive jurisdiction of the English courts.
Registered details
28 The Royal Bank of Scotland plc, Registered in Scotland No 90312. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB.
