Website conditions

Last revised: April 2018

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our website. 

We reserve the discretion to amend these website terms from time to time without any notice.   Every time you wish to use our website, please check these terms to ensure that you understand the terms that apply at that time.

Owner and operator of this website

This website is owned and operated by Tilney Group Ltd.

Legal and regulatory status

The Tilney Group comprises Tilney Group Limited, its ultimate holding company, and any subsidiary of Tilney Group Ltd from time to time (“Tilney” or “Group” or “we” or “us”).

The Group includes the following regulated companies:

  • Tilney Investment Management Services Limited (Company No. 02830297, FRN: 165169)
  • Tilney Investment Management (Company No. 02010520, FRN: 124255)
  • Bestinvest (Consultants) Limited (Company No. 1550116, FRN: 125308)
  • HW Financial Services Limited (Company No. 02030706, FRN: 134190)
  • Tilney Asset Management Limited (Company No. 03900078, FRN: 223074)
  • Thurleigh Investment Managers LLP (Company No. OC309191, FRN: 403832)
  • Tilney Financial Planning Limited: (Company no. 0607039, FRN:136414)
  • Tilney Discretionary Portfolio Management Limited: (Company no. 00793636, FRN: 142989)
  • Tilney Asset Management Services Limited: (Company no. 03691998, FRN: 189997)
  • Tilney Discretionary Investment Management Limited: (Company no. 02519968, FRN: 147103)
  • Tilney Fund Managers Limited: (Company no. 08884797, FRN: 616229)

The registered office for all the above named companies, each of which is registered in England and Wales, is 6 Chesterfield Gardens, Mayfair, London, W1J 5BQ.

You can check the regulatory permissions for these companies on the Financial Services Register by visiting the FCA’s website: https://register.fca.org.uk.

Tilney Asset Management Limited is also a Registered Investment Adviser with the Securities and Exchange Commission. The relevant provisions of the Investment Advisers Act of 1940 apply only with respect to its dealings with US clients.

Tilney Asset Management Services Limited is regulated in South Africa by the South African Financial Services Board (“FSB”). Its regulatory permissions can be checked on the register of the FSB at https://www.fsb.co.za/fais/search_fsp.htm.

  • Tilney Fund Managers Ireland Limited: (Company no. 454093, C49903)

The above named company is registered in Ireland with registered office at 25/28, North Wall Quay, International Financial Services Centre, Dublin 1, Ireland, and is authorised and regulated by the Central Bank of Ireland (CBI).

  • Tilney Asset Management (Guernsey) Limited: (Company no. 45035, GFSC No: 1035006)

The above named company is incorporated in Guernsey with registered office at Regency Court, Glategny Esplanade, St Peter Port, Guernsey, GY1 1WW, and is licensed to conduct investment business by the Guernsey Financial Services Commission (GFSC).

The VAT number of the Tilney Group is 918 5550 07.

Ownership of the content of this website and restriction of use

The entire content of our website is protected by copyright laws and intellectual property rights. You may download and use information and material from our website for your personal use. However you may not copy, reproduce, distribute or modify the content of our website for commercial or public use without prior written consent from us.

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.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You should not rely solely on the information on our website

The content of our website is provided for general information only. It is not intended to amount to advice on which you should rely.  You must take professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. 

All services and products displayed on our website are subject to their own specific Terms of Business (also referred to as Terms and Conditions), which may change from time to time. If you choose to buy any product or service listed on this website, you should not rely solely on the information contained on our website. You should read carefully the Terms of Business relating to any product or service you intend to purchase. These may be obtained via the relevant website of the Tilney Group or by writing into us - contact details can be found on the contact us link on this website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

Type of information we provide on our website

We provide information on investments or markets produced, such as research recommendations, market trends, investment analysis or commentary on the performance of selected funds, companies and other financial instruments (“Investment Information”); various tools to assist you with your own investment decisions; and, non-investment information of a general nature.

We do not provide nor intend to provide a personal recommendation or investment advice on our website. Therefore, you must not treat any information on our website as a personal recommendation or as investment advice given to you.

If you require a personal recommendation or investment advice please contact us for details on our other services - contact details are to be found on the ‘contact us’ link on our website.

Our website is also an online portal for you as an eligible customer enabling you to use the facilities available through the My Wealth product:

  1. The My Wealth product is a service designed to help you view, organise and manage your finances. It allows you to view the status of all of your financial information in one secure place. You can use the My Wealth product to retrieve your own information held online by third party financial institutions of whom you are a customer. Examples include bank accounts and credit cards. We put these accounts together for you in one place for viewing purposes only. We use one or more online service providers to access this information.
  2. Your Tilney Financial Adviser and other third party financial investment institutions, such as fund supermarkets and wrap providers, may also provide additional information held about you to My Wealth product relating to other aspects of your finances such as investments and policies you may own.
  3. Any information displayed through My Wealth product is only as up to date as the information supplied to us by third party websites, providers and your Tilney Financial Adviser. We do not control or have the means to verify the accuracy of the data we receive from third parties. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings. Such information may be more up-to-date when obtained directly from the relevant websites.
  4. You can terminate your use of the My Wealth product at any time by calling us on 020 3131 6179 or sending an email to mytowry@tilney.co.uk.

Jurisdiction and local laws

The information on this website is directed at investors in the UK and does not constitute an offer to sell or invitation to buy securities in any other jurisdiction where such an offer or invitation is unlawful, or where the person making such an offer is not qualified or authorised to do so.

Information from this website must not be issued or promoted in any other jurisdiction where prohibited by law and must not be used in any way that would be contrary to local law or regulation.

Accordingly, the investment information detailed in our website does not constitute an offer to transact business in any jurisdiction where such an offer would be considered unlawful. The Information does not constitute an offer or solicitation to buy or sell any investment fund or other products, services or information to anyone in any jurisdiction in which an offer or solicitation is not authorised or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation. For information specific to your jurisdiction, please contact your financial adviser. 

Data privacy notice

For how we process your personal data, please refer to the details set out in our data privacy notice section. With regard to My Wealth product, please note that the following shall also apply:

  • In terms of the collection of your personal data, you may input personal data and financial information onto the website for example when you use the My Wealth product. Personal data held on the My Wealth product includes your name, address, date of birth and national insurance number. Non-personal data that may be held on the My Wealth service includes your assets, your income details, from employments or other sources, your expenditure details and your portfolio details, including investments and plans. You can remove your data from the My Wealth service at any time, although portions of your data, consisting of aggregate data derived from your account information, may remain on our production servers indefinitely. Your data may also remain on a backup server or media.
  • In terms of the uses made of your personal data, please note that we do not use the financial information which you input into the My Wealth product unless we are your financial adviser and have your consent to do so.
  • In terms of the sharing of your personal data with others, your financial adviser and/or their staff have restricted access to some of your data in respect of their ongoing capacity as your financial advisory firm.  Your financial adviser's access does NOT include the ability to view or access your bank, credit card and loan statements. This data can only be viewed by you.  Statements from your bank, building society or credit card accounts, are also held on the My Wealth service. Your statements data is not visible to anyone but you. The Statements area of My Wealth can only be accessed by you using your secure log in credentials. This data is not visible to your Financial Adviser or any employee of any service provider we use.
  • Employees of service providers we use in connection with this website do not have direct access to the My Wealth database except where necessary for system management, maintenance, monitoring and backups. In this scenario only specific nominated individuals have access. Such access is only given and used in accordance with strict internal procedures, in order to operate, develop or enhance our service. These individuals are bound by confidentiality obligations and are subject to disciplinary procedures, including termination of employment or engagement and potentially criminal prosecution if they fail to meet these obligations.

Complaints

We are committed to dealing with complaints effectively and fairly in accordance with the Financial Conduct Authority's complaint handling rules and guidance. If our clients have cause to complain, it will be dealt with by a dedicated team focused on ensuring that clients are treated fairly during the process. You may complain to us by writing or telephoning at the address and telephone number under ‘Legal and regulatory status’ (see section 2 above).

If our clients are not satisfied with the outcome of their complaint, they will have the right to refer it to the Financial Ombudsman Service, free of charge, at The Financial Ombudsman Service Exchange Tower, London E14 9SR, or by going to their website www.financial-ombudsman.org.uk.

Security of our website

We do not guarantee the security of our website, but we use reasonable endeavours to maintain it to current security standards.

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for them and will not be liable to you or anyone else for any loss in connection with any message sent by you to us or by us to you over our website.

You should also specifically note that email communication is not secure and you should not send sensitive or personal information in them.

Where we provide you with login details you should not share them with anyone else and it is your responsibility to protect them. If you are accessing our website from a shared computer (i.e. one that you do not have sole use of) it is important that you log out of the website when you have finished, otherwise, others may gain access to your login details and access your account(s).  We have the right to disable any user login details or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

For further information on how to ensure that your data and your online account are safe and secure to use, please refer to our section on keeping your account secure.  

If you know or suspect that anyone other than you knows your login details or password, you must promptly notify us at by email at ask.dataprotection@tilney.co.uk. If you are an existing client, please contact us in the usual way or via the contact us section.

We do not guarantee that our website will be secure or free from bugs or viruses.  We are not responsible for viruses and you must not introduce them either directly or indirectly.

You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. 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 website will cease immediately.

Trademarks

All relevant trademarks such as ‘Tilney’ and ‘Avem’ are the intellectual property of Tilney. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under section 3 above.   

Accuracy of information

Whilst all reasonable steps have been taken to ensure that the information contained on our website is accurate and complete at the date of publication, no warranty or guarantee is given and no liability is accepted for any loss incurred. Errors or omissions in the information may occur because of a number of factors which are inherent in any Internet access system and are not within our control. The information contained in this website is subject to change without notice.

Tilney, and any of our affiliates, subsidiaries, officers, directors, employees or agents provide the website and the information on an “as is” basis. We (and they) do not make any express or implied warranties, representations, endorsements or conditions with respect to the website or the information. This includes, without limitation, warranties as to operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose.

Any links on this website that lead to sites maintained by third parties, over which we have no control, are provided solely as a convenience to users and use of those sites will be at your own risk.

Supported browsers

Our website is designed to work with current versions of the most popular web browsers. The site may not display properly if you are using an old version of an internet browser. In addition we have designed the website to work best with Javascript enabled. If you choose not to turn on Javascript in your browser, you may find some areas of the site have reduced features.

No liabilities

This paragraph excludes or limits our legal liability for the website. You should read it carefully. It applies only as far as the law permits, and in particular Tilney do not exclude or restrict any duties or liabilities to you under the Financial Services and Markets Act 2000, or the rules of the Financial Conduct Authority for the conduct of business.

Tilney and other companies in the Tilney Group are not responsible for, and will not be liable to you or anyone else for, any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the website or the information, or any action or decision made by you in reliance on the website or the information, or any unauthorised use or reproduction of the website or the information, even if we have been advised of the possibility of these damages.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Suspension or withdrawal of our website

We may suspend or withdraw or restrict the availability of all or any part of our website at any time without notice.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted at all times. 

Risk Warnings

The value of your investments can go down as well as up, and you could get back less than you originally invested.

All investments involve a degree of risk of some kind. Past performance or any yields quoted should not be considered reliable indicators of future events. This website is not advice to invest. This website aims to provide information to help you make your own informed decisions.  It does not provide advice based on your individual circumstances.  We are here to help if you have any questions or would like to get professional help.  Please refer to our contact us section for details. 

Restricted advice can be provided as part of other services offered by Tilney, upon request and on a fee basis. Before investing in funds please check the specific risk factors on the key investor information document (KIID) or refer to our risk warning notice as some funds can be high risk or complex: they may also have risks relating to geographical area, industry sector and/or underlying assets in which they invest. Prevailing tax rates and reliefs are dependent on your individual circumstances and are subject to change. For further information, please refer to our Risk Warnings section.

If you have any questions relating to our website terms and conditions, please contact us via the contact us section.