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Terms & conditions
1. DEFINITIONS
1.1 “the FSMA” means the Financial Services and Markets Act 2000
1.2 "the Information" means each and every piece of information displayed on the Site
1.3 "the Site" means the Home & Capital Trust Limited website
1.4 "Home & Capital" means Home & Capital Trust Limited
1.5 "the Terms and Conditions" means these terms and conditions
1.6 "the User" means a person having access to the Site
2. TERMS AND CONDITIONS
The User agrees that by obtaining access to the Site they accept in full all the Terms and Conditions and if the User is dissatisfied with the Site or the Information their sole exclusive remedy is to discontinue use of the Site
3. COPYRIGHT
3.1 All the content and appearance of the Site is copyright owned by Home & Capital.
3.2 The User may not copy sell or transmit the Information or any webpage or part of a webpage on the Site to any third party unless the User has disclosed this intention in writing to Home & Capital and obtained written consent.
4. NO ADVICE
4.1 The Information does not constitute any form of advice by Home & Capital and is not intended to be relied upon by users in making (or refraining from making) any specific investment financial or other decisions. The Site contains references to “advisors” “advice” and “experts” but this is only in relation to the description and explanation of Home & Capital products. Home & Capital does not give advice on whether a User or any other person should buy Home & Capital products or whether those products would be suitable for any particular person. In all cases appropriate independent advice should be obtained before making any decision.
4.2 It is not intended that any part of the Site or the Information should constitute a financial promotion within the meaning of section 21 FSMA and you agree that the Site and the Information will be used for reference only
5. SITE OPERATION
5.1 Home & Capital reserves the right to change the content style and operation of the Site at any time
5.2 Home & Capital may suspend the operation of the Site for any purpose as it thinks fit
5.3 Home & Capital does not and cannot warrant that the Site will be accessible at any particular time as this may depend on factors outside its control
6. DATA PROTECTION
The User agrees that in any case where the User communicates any information to Home & Capital and the information provided by the User (“data”) is data which allows the User to be identified (“personal data”) Home & Capital may record and process that personal data
7. USE AND INDEMNITY
7.1 The User agrees not to:
7.1.1 frame or mirror any part of the Site and will not use meta-tags or other code or devices containing references or links to the Site for any purpose save with the permission of Home & Capital;
7.1.2 hack into the Site or the software which operates the Site;
7.1.3 attempt to post on the Site any computer programme computer viruses or computer bugs or any other text images or material likely to impair the operation of the Site or impair the enjoyment and ease of use of the Site for any person.
8. LINKS
8.1 Home & Capital takes no responsibility for and gives no warranties or guarantees in respect of other websites which can be accessed via links appearing on the Site
8.2 The presence of such links on the Site is not to be taken as an endorsement
9. NON-UK ACCESS
9.1 Home & Capital makes no warranties express or implied that the Site or the availability of the Site in any particular jurisdiction outside the UK is in compliance with the laws or regulations of such jurisdiction
9.2 Where all or part of the content of the Site or its access would be unlawful in any jurisdiction the Site is not to be taken to have been directed to that jurisdiction and accordingly the User accepts that if the User is resident outside the UK the User must satisfy itself that the User is able lawfully to access the Site
9.3 For the avoidance of doubt the Site and the Information do not constitute an offer, solicitation or recommendation to buy or sell investments or to engage in any transaction in any jurisdiction.
10. LIABILITY
10.1 Home & Capital makes no warranties express or implied as to the accuracy adequacy quality or fitness for any particular purpose or use of the Site or the Information and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law and without prejudice to the generality of the foregoing:
10.1.1 the User bears all risks from any uses or results of using the Information; and
10.1.2 the User accepts that before relying on the Information they are responsible for validating and evaluating the accuracy and usefulness of the Information
10.2 Home & Capital has no liability (whether in contract or tort) for any losses costs or damages resulting from or related to use of or inability to use the Site or reliance on the Information to the fullest extent to which such liability may be excluded or avoided by law and in no event shall Home & Capital be liable to the User for lost profits or for indirect incidental special punitive or consequential damages
10.3 Home & Capital makes no warranty that the Service is free from infection by viruses or anything else that has contaminating or destructive properties and it is up to the User to utilise anti-virus software or take any other appropriate action
11. GENERAL
11.1 These Terms and Conditions and your access to and use of the Site are subject to English law and the exclusive jurisdiction of the English courts
11.2 If any term of this Agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect and the provision in question shall be replaced by a valid and enforceable term which corresponds so far as possible with the original
11.3 All disclaimers indemnities and exclusions in this Agreement shall survive termination of this Agreement
11.4 Neither the User nor Home & Capital shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond the User's or Home & Capital's respective reasonable control