Website Terms & Conditions of Use

Please read our website terms and conditions of use along with the references in full. If you do not agree to anything in the terms and conditions or the references then please leave our websites immediately.

T1. INTRODUCTION

T1.1 These terms and conditions shall govern your use of our websites.

T1.2 By using our websites, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.

T1.3 If you register with our websites (e.g. Client Web Access (CWA)), submit any material to our website (e.g. make use of an online form) or use any of our websites services (e.g. news feeds), we will ask you to expressly agree to these terms and conditions.

T1.4 You must be at least 18 years of age to use our websites; by using our websites or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

T1.5 Our websites use cookies; by using our websites or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

T2. USERS OUTSIDE THE UNITED KINGDOM (UK)

T2.1 Our websites are directed at persons resident and situated in the UK and not at any other persons.

T2.2 We do not warrant that our websites comply with the applicable laws or regulations of any jurisdiction outside the UK.

T2.3 If you are resident or situated outside the UK, you must not access or use our websites unless you are lawfully able to do so.

T2.4 Subject to Section T17.1, we do not accept any liability for any loss or damage resulting from, or related to, the availability of our websites or any of our websites content to persons resident or situated outside the UK.

T3. COPYRIGHT NOTICE

T3.1 Copyright (c) 1996-2019 Pilling & Co. (Stockbrokers) Ltd.

T3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our websites and the material on our websites; and

(b) all the copyright and other intellectual property rights in our websites and the material on our websites are reserved.

T4. LICENCE TO USE WEBSITE

T4.1 You may:

(a) view pages from our websites in a web browser;

(b) temporarily download pages from our websites for caching in a web browser in order to view;

(c) temporarily download content to print forms from our websites;

(d) stream audio and video files from our websites; and

(e) use our websites services by means of a web browser,

subject to the other provisions of these terms and conditions.

T4.2 Except as expressly permitted by Section T4.1 or the other provisions of these terms and conditions, you must not download any material from our websites or save any such material to your computing device.

T4.3 You may only use our websites for your own personal and business purposes, and you must not use our websites for any other purposes.

T4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our websites.

T4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our websites (including republication on another website);

(b) sell, rent or sub-license material from our websites;

(c) show any material from our websites in public;

(d) exploit material from our websites for a commercial purpose;

(e) redistribute material from our websites; or

(f) copy, mimic, imitate or impersonate our websites layout, look, appearance, graphics or images.

T4.6 Notwithstanding Section T4.5, you may download and use our newsletters in print or electronic form for your personal use.

T4.7 We reserve the right to restrict access to areas of our websites, or indeed our whole websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites.

T5. RSS FEED

T5.1 You may access our websites RSS feed using an RSS reader or aggregator.

T5.2 By accessing our RSS feed, you accept these terms and conditions.

T5.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form for use in your own personal RSS reader or aggregator.

T5.5 We may revoke any licence set out in this Section T5 at any time, with or without notice or explanation.

T6. ACCEPTABLE USE

T6.1 You must not:

(a) use our websites in any way or take any action that causes, or may cause, damage to the websites or impairment of the performance, availability or accessibility of the websites;

(b) use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our websites to copy, store, host, process, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious software, executable, binary, code or script (including but not limited to spyware, ransomware, adware, malvertising, logic bomb, scareware, virus, trojan, worm, keystroke logger or rootkit);

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent;

(e) access or otherwise interact with our websites using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our websites; or

(g) use data collected from our websites for any direct marketing activity (including without limitation email marketing, short message service marketing, telemarketing and direct mailing).

T6.2 You must not use data collected from our websites to contact individuals, companies or other persons or entities.

T6.3 You must ensure that all the information you supply to us through our websites, or in relation to our websites, is true, accurate, current, complete and non-misleading.

T6.4 Unacceptable use of our websites may give rise to a claim for damages and/or be a criminal offence.

T7. PROFESSIONAL ADVICE

T7.1 You must not use our websites to give professional advice, including financial advice, advice concerning particular investments or investment decisions, accountancy advice, tax advice or legal advice.

T8. REGISTRATION AND ACCOUNTS

T8.1 To be eligible for a CWA account on our http://www.pillingcwa.co.uk/ website under this Section T8, you must be a new or existing client.

T8.2 You may register for a CWA account with our website by following the and completing the instructions on the Register for CWA page.

T8.3 You must not allow any other person to use your account to access CWA, or use any other person’s account to access CWA.

T8.4 You must notify us immediately if you become aware of any unauthorised or suspicious use of your account.

T8.5 The CWA service is available from only the following single website domain https://www.pillingcwa.co.uk/. All data held on this website is private property and access is only available for authorised users and purposes. Unauthorised access or attempted unauthorised access contravenes the Computer Misuse Act 1990 and may incur criminal penalties as well as damages.

T9. USER LOGIN DETAILS

T9.1 If you register for CWA , we will provide you with user identification and password credentials.

T9.2 You must not use CWA in connection with the impersonation of any person.

T9.3 You must keep your password confidential at all times.

T9.4 You must notify us immediately if you become aware of any actual or suspected disclosure of your password.

T9.5 You are responsible for any activity on CWA arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

T10. CANCELLATION AND SUSPENSION OF ACCOUNT

T10.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

T10.2 You may cancel your CWA using your account control panel on the website or by contacting us.

T11. THIRD PARTY INFORMATION AND RELATIONSHIPS

T11.1 In respect of information provided by others on our websites (e.g. news feeds), we act as a mere conduit for that information and we do not select, monitor, edit, modify, review, evaluate or otherwise oversee that information or the publication of that information on our websites.

T11.2 Subject to Section T17.1, we will not be liable to you in respect of any damage, expense or other loss you may suffer arising out of information provided by others or any reliance you may place upon such information.

T11.3 Any arrangements between you and any third party encountered through our websites are at your sole risk.

T12. INVESTMENTS AND INVESTMENT DECISIONS

T12.1 Nothing on our websites constitutes or is intended to constitute:

(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;

(b) investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;

(c) the making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or

(d) any financial service or activity regulated or controlled by or pursuant to UK financial services law or any other applicable law.

T12.2 You should take professional financial advice in connection with, or independently research and verify, any information that you find on our websites and wish to rely upon, whether for the purpose of making an investment decision or otherwise.

T12.3 We would like to draw your attention to the following investment warnings:

(a) the value of shares and investments and the income derived from them can go down as well as up;

(b) investors may not get back the amount they invested; and

(c) past performance is not necessarily a guide to future performance.

T13. YOUR CONTENT: LICENCE

T13.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage, processing by, or transmission via, our websites.

T13.2 You grant to us a licence to use, process, transmit and store your content on and in relation to our websites and any successor websites.

T14. YOUR CONTENT: RULES

T14.1 You warrant and represent that your content will comply with these terms and conditions.

T14.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

T14.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

T14.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

T14.5 You must not submit to our websites any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

T15. REPORT ABUSE

T15.1 If you learn of any unlawful material or activity on our websites, or any material or activity that breaches these terms and conditions, please let us know.

T15.2 You can let us know about any such material or activity by contacting us.

T16. LIMITED WARRANTIES

T16.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our websites;

(b) that the material on the websites is up to date; or

(c) that the websites or any services on the websites will remain available.

T16.2 We reserve the right to discontinue or alter any or all of our websites services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites services, or if we stop publishing the websites.

T16.3 To the maximum extent permitted by applicable law and subject to Section T17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our websites and the use of our websites.

T17. LIMITATIONS AND EXCLUSIONS OF LIABILITY

T17.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

T17.2 The limitations and exclusions of liability set out in this Section T17 and elsewhere in these terms and conditions:

(a) are subject to Section T17.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

T17.3 To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.

T17.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

T17.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

T17.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

T17.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

T17.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the websites or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

T18. INDEMNITY

T18.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our websites or any breach by you of any provision of these terms and conditions.

T19. BREACH OF THESE TERMS AND CONDITIONS

T19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our websites;

(c) permanently prohibit you from accessing our websites;

(d) block computers using your Internet Protocol (IP) address from accessing our websites;

(e) contact any or all of your internet service providers and request that they block your access to our websites;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account(s) on our website.

T19.2 Where we suspend or prohibit or block your access to our websites or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

T20. THIRD PARTY WEBSITES

T20.1 Our websites include links (for your convenience) to other websites owned and operated by third-parties; such links are not recommendations or endorsements.

T20.2 We have no control over third-party websites and their contents, and subject to Section T17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

T21. TRADE MARKS

T21.2 The third party registered and unregistered trade marks or service marks on our websites are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

T22. COMPETITIONS

T22.1 From time to time we may run competitions or surveys our website.

T22.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

T23. VARIATION

T23.1 We may revise these terms and conditions from time to time.

T23.2 The revised terms and conditions shall apply to the use of our websites from the date of publication of the revised terms and conditions on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

T23.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on our websites, and you must stop using the websites.

T24. ASSIGNMENT

T24.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

T24.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

T25. SEVERABILITY

T25.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

T25.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

T26. THIRD PARTY RIGHTS

T26.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

T26.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

T27. ENTIRE AGREEMENT

T27.1 Subject to Section T17.1, these terms and conditions, together with our privacy and cookies policy, acceptable use policy, disclaimer, and linking policy shall constitute the entire agreement between you and us in relation to your use of our websites and shall supersede all previous agreements between you and us in relation to your use of our websites.

T28. LAW AND JURISDICTION

T28.1 These terms and conditions shall be governed by and construed in accordance with English law.

T28.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

T29. STATUTORY AND REGULATORY DISCLOSURES

T29.1 Pilling & Co (Stockbrokers) Ltd. is authorised and regulated by the Financial Conduct Authority No 652114 in the United Kingdom. The Financial Conduct Authority can be contacted at 25 The North Colonnade, London E14 5HS.

T29.2 We are registered in England & Wales with company number 9220456.

T29.3 We are a member of the London Stock Exchange and the Personal Investment Management and Financial Advice Association (PIMFA).

T30. OUR DETAILS

T30.1 This website is owned and operated by Pilling & Co. (Stockbrokers) Ltd.

T30.2 We are registered in England and Wales under registration number 9220456, and our registered office is at Henry Pilling House, Booth Street, Manchester, M2 4AF, UK.

T30.3 Our principal place of business is at Henry Pilling House, Booth Street, Manchester, M2 4AF, UK.

T30.4 You can contact us:

(a) by post, using the postal address: Henry Pilling House, Booth Street, Manchester, M2 4AF, UK;

(b) by website, using our enquiry page;

(c) by telephone, on 0161 832 6581; or

(d) by email, using infopilling.co.uk.

T31. REFERENCES

T31.1 Our acceptable use policy, disclaimer, linking policy, and privacy and cookies policy must all be read in addition to these website terms and conditions of use.

Further Information