Website Terms of Use and Terms & Conditions

BANK & CLIENTS
WEBSITE TERMS OF USE - AND TERMS & CONDITIONS
1. INFORMATION ABOUT WHO WE ARE AND WHAT THIS DOCUMENT IS
1.1          Who we are:This website is owned and operated by B&C. B&C is a trading name of Bank and Clients Plc. We call B&C “we” or “us” in this document.
1.2          Your acceptance of these terms: You should read this document and all the terms and conditions in it (“Terms”) carefully before using this Website. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or whether or not you are our customer. By accessing any part of this Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms, you must leave this Website immediately and you should not use this Website.
1.3          Other terms which might also apply:In addition, our specific products and services have their own terms and conditions. If you are considering applying for any of our products or services, please read these first. We make these available by at least one of the following methods: (i) by clicking the link on the relevant pages of this Website; or (ii) on request from us. Those other terms and conditions should be read together with these Terms. However if there is any conflict between the two, the terms and conditions for the particular product or service will prevail over these Terms.
1.4        Date of changes:Please note these Terms changed most recently on 25 May 2018.
1.5        Contents:The Contents of these Terms are:
1.5.1     Who we are
1.5.2     Changes to this website and the terms
1.5.3     Registration
1.5.4     When this Website is available
1.5.5     Scope of use, and rights in, content of this Website
1.5.6     User material and User conduct
1.5.7     Links to and from this and other websites
1.5.8     General Disclaimers
1.5.9     Electronic communications
1.5.10  Which country's laws apply to any disputes?
1.5.11  Regulatory information
1.5.12  Financial Services Compensation Scheme
1.6        More information:If you want more information about our products on this Website, please visit our contact page here: https://bankandclients.com/contact
2. WHO WE ARE
2.1          What we do:We combine the skills of retail and corporate banking to support and finance our clients' aspirations.
2.2          How to identify us:Our registered office is at 30 King Street, London EC2V 8EH. Our Company Number is 980698.
2.3          Who authorises us:We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. We are on the Financial Services Register under number 204459.
3.  CHANGES TO THIS WEBSITE AND THE TERMS
3.1          Changes to these Terms:We may revise the content of this Website and these Terms at any time without notice. (Please note that we are not obliged to remove any outdated information from this Website or to mark it as being outdated.)
3.2          Checking for changes:You should check this Website periodically to review the then current Terms because they are binding on you.
4. REGISTRATION
4.1          Registration v no registration:You may access most areas of this Website without registering your details with us. However, certain areas of this Website may only be open to you if you register.
4.2          Rules of registration:Where you are invited to register for any part of this Website, each registration is for a single user only. You must not share any username or password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
5. WHEN THIS WEBSITE IS AVAILABLE
5.1          Availability:This Website is normally available 24 hours a day. However, we shall not be liable if, for any reason, this Website is unavailable at any time.
5.2          Suspension of this Website:Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. SCOPE OF USE AND RIGHTS IN CONTENT OF THIS WEBSITE
6.1          Scope of use of this Website:Unless otherwise stated on any product or service pages, the information provided on this Website or in any communication containing a link to this Website:
6.1.1     are intended for use by residents of the EEA and Canada only, and are not aimed at or intended for use by residents of any other jurisdiction;
6.1.2     are for personal use and information purposes only and are 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 which would subject us to any registration requirement within such jurisdiction or country; and
6.1.3     are provided by us for personal use and for information purposes only.
6.2          Intellectual property:Unless otherwise stated, the copyright, trade marks and other intellectual property rights in all material on this Website (including, without limitation, text, tools, photographs and graphical images) are owned by us or our licensors.
6.3          Limited rights to copy:You may not reproduce or adapt this Website in whole or in part without our prior written consent, except for the purpose of accessing our products and/or services and for producing printouts for your own personal and non-commercial purposes. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.4          Revocation of permission to use:Any use of this Website other than in accordance with these Terms is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6.5          Our reserved rights:Any rights not expressly granted in these Terms are reserved.
7. USER MATERIAL AND USER CONDUCT
7.1          Access to this Website: 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 through individual pages directly, which are not designed for this purpose, you may not see important information that is relevant to information on this Website. You will be referred on certain Website pages to read "Legal Information". This will contain important details and/or relevant legal or regulatory information and should be read in conjunction with the relevant Website pages.
7.2          Personal data you provide to us:We deal with information about individuals as set out in our Privacy Policy https://bankandclients.com/security-privacy/.
7.3          Other information you provide:Any other material you transmit or post to this Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in them for any and all commercial or non-commercial purposes.
7.4          Limits on what you can provide:You must not post or transmit to or from this Website any material:
7.4.1     that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
7.4.2     for which you have not obtained all necessary licences and/or approvals;
7.4.3     which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
7.4.4     which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.5          No misuse of this Website:You may not misuse this Website (including, without limitation, by hacking).
7.6          Cooperation with law enforcement authorities:We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
8. LINKS TO AND FROM THIS AND OTHER WEBSITES
8.1          Links to our Website:If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
8.1.1     you do not in any way imply that the we are endorsing any products or services other than our own;
8.1.2     you do not misrepresent your relationship with us nor present any other false information about us;
8.1.3     you do not remove, distort or otherwise alter the size or appearance of any images or logos;
8.1.4     you do not create a frame or any other browser or border environment around this Website;
8.1.5     you do not otherwise use any trade marks displayed on this Website without our express written permission;
8.1.6     you do not link from a website that is not owned by you; and
8.1.7     any website which links to our Website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.2          Revoking rights to link to our Website:We expressly reserve the right to revoke the right granted above to link to our Website and to take any action we deem appropriate. You shall be responsible for any loss or damage suffered by us for breach of this Clause 8.
8.3          Links from our Website to other websites:In order to provide increased value to you when using this Website, we may provide links to other websites or resources for you to access at your sole discretion. Such links to third party websites or resources from this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability. We do not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and that we do not review or endorse and shall not be responsible or liable, directly or indirectly, for: (i) the privacy practices of such websites; (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or (iii) the use that others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
9. GENERAL DISCLAIMERS
9.1          Independent financial advice:This Website is here to give you information about our products and services. 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. It is up to you to decide whether they are suitable for you. You may want to get advice from a qualified independent financial adviser before making any investment decision.
9.2          Timeliness of information on this Website:Though we try and keep the information up to date on this Website, there may be a time delay before we can do so. You should not rely solely on the information on this Website. You should check details about important things like price or interest rates in any actual agreement you enter as it is the terms in that document that form any agreement between us. We advise you to check all information (not just the information on this Website) about a product or service carefully before you agree to buy it, and we are not responsible for any losses you suffer if you fail to do so unless what we put on this Website was incorrect or misleading (and provided the correct information was not provided to you or made available before you completed your purchase).
9.3        Exclusion of Liability:
9.3.1     General information of this 'Exclusion of Liability' section:The following provisions in this Clause 9.3should be read carefully as they exclude or limit our legal liability in connection with your use of this Website. However, nothing in these Terms (including these 'Exclusion of Liability' clauses) shall attempt to exclude liability that is not permissible to exclude under applicable law, including without limitation:
(a)           for death or personal injury;
(b)           for fraudulent misrepresentation;
(c)           for duties and liabilities to you under the Financial Services and Markets Act 2000 which we are bound to comply with; and
(d)           for any conduct of business rules which we are bound to comply with.
9.3.2     Use this Website as your own risk:Access to and use of this Website is at your 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.
9.3.3     Accuracy and completeness:Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the content of this Website, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that this Website or all or any part of the content or materials, accuracy, availability or completeness of the content of this Website are appropriate or available for use either in the United Kingdom or in other jurisdictions.
9.3.4     Exclusions:We accept no liability however caused (to the maximum extent permitted by applicable law) arising out of the use of or access to this Website, for any errors or omissions contained in this Website or if the Website is unavailable and we shall not be liable for: (i) any indirect or consequential loss or damage; or (ii) any of the following (whether direct or indirect or otherwise):
(a)           economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings or business interruption);
(b)           loss or damage which was not reasonably foreseeable,
(c)           loss of business opportunity, goodwill or reputation; or
(d)           suffered or incurred arising out of or in connection with your use of this Website and/or these terms and conditions.
9.4         Force majeure: We are not liable for losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been unavoidable despite all efforts to the contrary. One of many examples would be delays or failures caused by industrial action, problems with another system or network, third party viruses or malware, mechanical breakdown or data-processing failures, etc.
9.5         If you are a business user:If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to this Website or any content on it.
10.  ELECTRONIC COMMUNICATIONS
10.1       Telephone Calls:We may record telephone calls for quality and training and evidential purposes.
10.2       Internet Communications:In order to maintain the security of our systems, protect our staff and detect fraud and other crimes, we reserve the right to monitor all internet communications, including web and email traffic, into and out of our domain. Monitoring includes (without limitation) checks for viruses and other malignant code, criminal activity, and use or content that is unauthorised or unlawful or material that may cause offence in any way.
10.3       Use of email:Email is not a secure means of communication and emails can be intercepted and read by unauthorised persons. If you choose to communicate by email you do so with this knowledge.
11. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
11.1       If you are a consumer:If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
11.2       If you are a business:If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
12. REGULATORY INFORMATION
12.1       Bank and Clients Plc. We are registered in England & Wales. Our Company Number is 980698. Our registered office is at 30 King Street, London EC2V 8EH. We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. We are on the Financial Services Register under number 204459. The Financial Services Register can be accessed at www.fca.org.uk/register. Our registered VAT number is GB 205648317.
12.2      If you are not satisfied with any B&C product or service we have a complaint handling procedure that you can use to resolve such matters. We are covered by The Financial Ombudsman Service. If you are still not satisfied after following the B&C 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 us or by telephoning us. Alternatively you can write to: Financial Ombudsman Service, Exchange Tower, London, E14 9SR or telephone 020 7964 1000.
13. FINANCIAL SERVICES COMPENSATION SCHEME
13.1      B&C is a member of the Financial Services Compensation Scheme (FSCS). The Scheme can pay compensation to customers if they are eligible and a regulated firm is unable to pay claims against it, usually if the firm stops trading or is insolvent. Compensation limits apply depending on the type of claim:
13.2      Deposits - for money held in a bank or building society in the UK, the scheme will cover up to £85,000. Deposits in all currencies are treated the same.  Most individuals, businesses and corporations can claim back up to £85,000 (or £85,000 for each eligible account holder if it’s a joint account).
13.3      Investments - maximum £50,000, i.e. 100% of first £50,000 per person.
13.4      Mortgage advice and arranging (for business conducted on or after 31 October 2004) - maximum £50,000, i.e. 100% of first £50,000 per person.
13.5      Long-term insurance (e.g. pensions): maximum 90% of the claim without any upper limit.
13.6      Life assurance: The Compensation scheme may cover up to 100% of the total amount of your claim.
13.7      General Insurance:
13.7.1  Compulsory insurance (e.g. third party motor): 100% of the claim, without any upper limit.
13.7.2  Non-compulsory insurance (e.g. home and general): maximum 90% of the claim, without any upper limit.
13.7.3  General insurance advice and arranging: (for business conducted on or after 14 January 2005). Maximum 90% of the claim, without any upper limit.