Terms and Conditions
1. ABOUT US AND THESE TERMS
The CLIENT ENGAGEMENT HUB is operated by Standard Life Aberdeen plc. WE are registered in Scotland under company number SC286832 and have our registered office at 1 George Street, Edinburgh EH2 2LL. Our main trading address is 1 George Street, Edinburgh EH2 2LL. Our VAT number is GB270347469.
By clicking YOUR acceptance the first time YOU log in and by continuing to use the CLIENT ENGAGEMENT HUB thereafter, YOU are confirming that YOU are accepting these TERMS.
These TERMS and the legal information notice (available here)apply between you and US in connection with use by YOU of the CLIENT ENGAGEMENT HUB. How we process personal data is set out at paragraph 16.
These TERMS are in addition to, and do not replace or supersede, any other agreements YOU have entered to with US or a member of the STANDARD LIFE ABERDEEN GROUP in relation to your INVESTMENTS or otherwise (including any investment management agreements).
YOU can view these TERMS (and any subsequent updates made to them) in the CLIENT ENGAGEMENT HUB at any time.
Words which are in capital letters in these TERMS have a specific meaning, as set out in the glossary at the end of these TERMS:
Please note paragraphs 2 and 9 below, which include important information on the CLIENT ENGAGEMENT HUB and OUR liability to YOU.
2. The Client Engagement Hub
2.1 The CLIENT ENGAGEMENT HUB allows YOU to interact and engage with US online by providing a digital channel to view information in relation to INVESTMENTS, communicate with us, and access other content relevant to YOU.
2.2 The CLIENT ENGAGEMENT HUB allows YOU and individual users to access information on INVESTMENTS internationally.
2.3 Not all of the INVESTMENTS displayed on the CLIENT ENGAGEMENT HUB may be available for YOU to invest in. This may be due to the location of the investment or the prevailing terms of the provider of the investment.
2.4 Availability of the content (including information on INVESTMENTS) in the CLIENT ENGAGEMENT HUB is not to be deemed as marketing of the investments. Neither the SERVICES nor the INFORMATION will be deemed to constitute an offer or solicitation to sell investments in any jurisdiction.
2.5 WE are authorised and regulated by the FCA. WE do not provide investment advice or tax advice to you or your clients through the SERVICES.
3. Intended audience and use
3.1 This CLIENT ENGAGEMENT HUB is intended for use by clients of US who have INVESTMENTS with US or a member of the STANDARD LIFE ABERDEEN GROUP, or by members of the general public who are interested in OUR fund information, and the INFORMATION provided on the CLIENT ENGAGEMENT HUB reflects this.
3.2 As the CLIENT ENGAGEMENT HUB, the SERVICES and the INFORMATION are issued in the UK, these may not be fully compliant with any local laws or regulations outside the UK, the Channel Islands and the Isle of Man
4. YOUR Registration
4.1 YOU must ensure that the information and details YOU submit to US on the ONLINE REGISTRATION and when using the CLIENT ENGAGEMENT HUB and the SERVICES is current, relevant and accurate. YOU must notify US as soon as possible if YOU become aware of any changes to the information or details.
4.2 WE may have to pass information relating to YOU and YOUR INVESTMENTS to other members of STANDARD LIFE ABERDEEN GROUP. If YOU do not wish to agree to the sharing of YOUR information with STANDARD LIFE ABERDEEN GROUP, do not proceed with YOUR registration (or if YOU have already registered, please let US know as soon as possible that YOU would like to cancel YOUR registration). Data protection is explained further in paragraph 16.
4.3 Subject to any laws, rules and regulations applicable to US, WE have full discretion to accept, or not to accept, an application to register and WE reserve the right to reject YOUR application without giving a reason for doing so.
5. YOUR USE OF THE CLIENT ENGAGEMENT HUB
5.1 YOU will act lawfully, honestly and in a professional and diligent manner in YOUR use of the CLIENT ENGAGEMENT HUB and SERVICES. YOU will ensure that YOU do not act in a manner which could adversely affect our reputation.
5.2 Any documentation YOU upload to the CLIENT ENGAGEMENT HUB must:
· be accurate (where it states facts).
· comply with the law applicable in England and Wales and in any country from which it is posted,
and must not:
· infringe any intellectual property rights (for example copyright, database rights or trademarks) of any other person.
· breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
YOU agree that no other types of documentation or data may be uploaded to the CLIENT ENGAGEMENT HUB.
If YOU upload any data or documents which do not comply with this paragraph, YOU agree to contact US immediately at the details set out in paragraph 18.
5.3 YOU must use the CLIENT ENGAGEMENT HUB, the SERVICES and the INFORMATION solely for YOUR own purposes and must not make these available to third parties without the prior written consent of US.
5.4 YOU must not access or attempt to access any INFORMATION other than INFORMATION relating to YOU as a user of the CLIENT ENGAGEMENT HUB and the SERVICES.
5.5 YOU must log out of the CLIENT ENGAGEMENT HUB that YOU have accessed and close YOUR web browser when YOU have finished using the CLIENT ENGAGEMENT HUB and the SERVICES. If YOU do not do this, INFORMATION about YOU may appear on the screen of the computer when it is next used and WE cannot be held responsible for third parties having access to this INFORMATION.
6.1 YOU must ensure that the USERNAME, PASSWORD and answers to YOUR security questions are memorised and that all reasonable precautions are taken to prevent these from being obtained by anyone else. For instance, these details must not:
· be written down and/or disclosed to anyone else;
· be recorded in such a way that these could be understood by anyone else; or
· be stored on a computer so that the computer remembers them automatically.
6.2 The PASSWORD and the answers to YOUR security questions must not be disclosed to any staff of STANDARD LIFE ABERDEEN GROUP. OUR staff should never ask for the PASSWORD or the answers to YOUR security questions to be disclosed to them.
6.3 If YOU believe that someone else knows the PASSWORD or is using the PASSWORD to access the SERVICES without permission, YOU must ensure that:
· the PASSWORD is changed using our online facility. YOU must ensure that this is done immediately or, where this occurs during CLIENT ENGAGEMENT HUB down time, immediately upon the CLIENT ENGAGEMENT HUB becoming available again; and
· WE are informed by phone as soon as possible (please see paragraph 18 for how to contact US).
6.4 Some organisations may offer AGGREGATION SERVICES and may ask YOU to disclose to them the USERNAME and PASSWORD and/or appoint them as YOUR agent. YOU must not:
· disclose the USERNAME or PASSWORD to a provider of AGGREGATION SERVICES; and/or
· appoint a third party as YOUR agent to access the SERVICES using the USERNAME and PASSWORD.
6.5 WE have no control over AGGREGATION SERVICES and cannot ensure the accuracy of data displayed or instructions transferred to US by an AGGREGATION SERVICE. WE cannot ensure the security of any data, USERNAME or PASSWORD held by an AGGREGATION SERVICE.
6.6 If YOU do provide the USERNAME and/or PASSWORD to an AGGREGATION SERVICE, WE will not be responsible for any loss or expense suffered by YOU as a result of this disclosure.
7. Availability of the client portal and the services
7.1 The CLIENT ENGAGEMENT HUB and the SERVICES are provided during the hours stated on the CLIENT ENGAGEMENT HUB or as otherwise indicated by US, however, WE cannot guarantee that the CLIENT ENGAGEMENT HUB or the SERVICES will always be available during the times stated. The CLIENT ENGAGEMENT HUB and/or the SERVICES may be temporarily unavailable or restricted for administrative or other reasons. If this happens WE will endeavour to restore their availability as quickly as possible.
7.2 WE may for security reasons restrict or remove YOUR access to the CLIENT ENGAGEMENT HUB and the SERVICES at our reasonable discretion if:
· the incorrect USERNAME or PASSWORD is keyed in on successive logon attempts;
· YOU or WE suspect that an unauthorised person is attempting to access the CLIENT ENGAGEMENT HUB and/or the SERVICES using the USERNAME; or
· for valid operational or security reasons, YOU or WE believe it is necessary and appropriate to do so.
8. Accuracy of information
8.1 WE will take all reasonable care to ensure that all the INFORMATION provided by US is accurate, current and complies with relevant UK laws and regulations (as applicable) as at the date of issue.
8.2 Although carefully verified, WE do not accept liability or responsibility for the completeness or accuracy of the INFORMATION and WE simply make this available to YOU for YOUR convenience.
9. General liability
9.1 Irrespective of the other provisions in these TERMS, WE are responsible to YOU for:
· any claim YOU may have against US for death or personal injury that has been caused as a direct result of our negligence;
· losses YOU suffer as a result of any fraud committed by US;
· losses YOU suffer as a result of any intentional failure by US to fulfil our obligations under these TERMS.
9.2 WE and YOU will comply at all times with all relevant laws and applicable regulations relating to the CLIENT ENGAGEMENT HUB and/or the services.
9.3 WE and YOU agree to co-operate with each other in connection with the application of any relevant laws and regulations.
9.4 Nothing in these TERMS will exclude or limit any duty or liability WE may have under the regulatory system as defined by the FCA RULES.
9.5 Nothing in these TERMS will exclude or limit any obligation WE may have in common law, and in particular for fraud or for misrepresentation as to a fundamental matter.
10. Intellectual property
10.1 Intellectual property (including copyright) in:
· the pages of the CLIENT ENGAGEMENT HUB;
· the screens displaying the pages of the CLIENT ENGAGEMENT HUB; and
· the INFORMATION and its arrangement
is owned by or licensed to members of STANDARD LIFE ABERDEEN GROUP, unless otherwise indicated.
10.2 'Standard Life Aberdeen', ‘Standard Life’, ‘Aberdeen Standard Investments’ and the related logos are registered trademarks of members of STANDARD LIFE ABERDEEN GROUP. Members of STANDARD LIFE ABERDEEN GROUP may also claim trade mark rights in other marks contained in the INFORMATION or on the CLIENT ENGAGEMENT HUB from time to time.
10.3 Reproduction of any part of our copyright or trade mark materials, or the look and feel of the CLIENT ENGAGEMENT HUB, without the prior written consent of a member of STANDARD LIFE ABERDEEN GROUP, is strictly prohibited unless this is for YOUR proper use of the CLIENT ENGAGEMENT HUB or the SERVICES or for private, non-commercial viewing or downloading purposes.
11.1 Any software, multimedia files, photographs, reports and other documents made available through the CLIENT ENGAGEMENT HUB are downloaded at YOUR own risk. WE do not warrant the suitability of any such downloads and accept no liability for any problems with YOUR computer or mobile equipment, computer or mobile programs, data, systems or other proprietary material that may arise as a result. If YOU are in any doubt as to the suitability of any such downloads for YOUR computer, it is recommended that YOU obtain specialist advice before downloading.
12. Third party websites
12.1 WE may provide YOU with links to websites operated or owned by third parties, which allow YOU to access and use third party material and information. WE do not have any control over these third party websites or the information contained on them and do not accept any responsibility or liability in connection with access or use of them. WE do not endorse, authorise or sponsor, nor are WE affiliated to, such websites or their content, owners or providers.
13. Computer misuse
13.1 YOU must not perform any DENIAL-OF-SERVICE ATTACK on the CLIENT ENGAGEMENT HUB. YOU must not:
· misuse the CLIENT ENGAGEMENT HUB by knowingly introducing computer viruses or any other material which is malicious or technologically harmful; or
· attempt to gain unauthorised access to the CLIENT ENGAGEMENT HUB, the server on which the CLIENT ENGAGEMENT HUB is stored or any server, computer or database connected to the CLIENT ENGAGEMENT HUB.
13.2 By breaching these provisions YOU may commit a criminal offence under the Computer Misuse Act 1990 or similar law or regulation in another jurisdiction (as applicable). WE will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and may disclose YOUR identity to them. In the event of such a breach, YOUR access to the CLIENT ENGAGEMENT HUB will be revoked immediately.
13.3 WE recommend that YOU employ reasonable virus detection and protection measures when accessing the CLIENT ENGAGEMENT HUB. WE will not be responsible for any loss or damage resulting from:
· any attack by a third party on our systems; or
· any computer virus or other malicious or technologically harmful material that may infect YOUR computer or mobile equipment, computer or mobile programs, data, systems or other proprietary material due to use of the CLIENT ENGAGEMENT HUB, or due to downloading of any material posted on the CLIENT ENGAGEMENT HUB or any website linked to them.
14. Electronic communications
14.1 WE consider electronic communications (including emails and messages sent through the CLIENT ENGAGEMENT HUB) to have the same legal status as documents sent to US by post. YOU agree not to contest the validity or enforceability of an electronic communication (including an email or other form of secure message) which relates to an instruction. YOU also expressly agree not to use the absence of a printed or hand written document as an excuse not to comply with YOUR obligations under these TERMS.
14.2 If YOU choose to send US an electronic communication (including an email or message), YOU do so at YOUR own risk as there can be no guarantee that WE will receive it, or that its content will remain private or unaltered during its transmission to US. WE will accept no liability for any loss or damage YOU may suffer as a result of this. If this causes concern, YOU may prefer to contact US by phone or post.
14.3 WE reserve the right to monitor the use and content of electronic communications (including emails and other forms of secure message) which are sent from and received by US for the purposes of ensuring compliance with OUR own electronic communications policy, and identifying and taking action against unlawful or improper use of, or attacks on, OUR systems.
14.4 Where possible, WE virus scan and retain all electronic communications (including emails), but WE will not be responsible for any damage caused by a virus or alteration by a third party, after an email or electronic message has been sent by US. WE recommend that YOU employ reasonable virus detection and protection measures when accessing any emails or electronic messages from US.
15. Changes to these terms
15.1 WE can make reasonable and appropriate changes to these TERMS (or issue a replacement set of terms and conditions in their place) by notifying you through the CLIENT ENGAGEMENT HUB at any time:
· if changes to the legal or regulatory requirements applying to the CLIENT ENGAGEMENT HUB, the SERVICES or the INFORMATION need to be reflected in these TERMS;
· if new industry guidance and codes of practice which are there to raise standards of customer protection need to be reflected in these TERMS;
· if it becomes impossible or impractical, in OUR reasonable opinion, to carry out any of these TERMS as a result of a change in the law or regulation or other circumstances beyond OUR control;
· to reflect improvements to the CLIENT ENGAGEMENT HUB, the SERVICES and/or the INFORMATION that technological, service or propositional enhancements have allowed US to make;
· if WE reasonably believe that the changes are necessary in the interests of OUR business; or
· to improve the clarity of any of these TERMS.
15.2 WE will let YOU know of any change made to these TERMS that may be to YOUR disadvantage. If YOU object to a change made by US please contact US (see paragraph 18 for how to contact US), however, please note YOUR only recourse may be to terminate these TERMS (as explained in paragraph 17).
16. Use of personal data
16.1 WE will collect and use limited personal data about YOU and if applicable YOUR employees and representatives ( i.e. YOUR name, contact email) in order to verify YOUR identity, to provide access to the SERVICES and to comply with relevant laws and regulations. Personal data has the meaning given under applicable DATA PROTECTION LAWS.
16.2 YOU agree that this personal data may be shared with other members of STANDARD LIFE ABERDEEN GROUP and other companies WE work with to support us in the provision of the SERVICES provided to YOU.
16.3 WE will only share personal data: (i) where it’s necessary and lawful to do so; and (ii) in line with our obligations under applicable DATA PROTECTION LAWS in order to keep this information safe and secure.
17.1 YOU can terminate these TERMS by giving US notice of this, in the manner outlined in paragraph 17.3.
17.2 WE may terminate these TERMS and YOUR right to use the CLIENT ENGAGEMENT HUB and the SERVICES:
· by giving YOU 30 days' notice, as outlined in paragraph 17.3. WE will notify YOU of the options available to YOU at the time;
· by notifying YOU, as outlined in paragraph 17.3, if YOU commit a material breach of these TERMS and (if it is remediable) YOU fail to remedy the breach within 10 working days of being asked by US to do so; or
· by giving YOU as much advance notice as possible, as outlined in paragraph 17.3, in the event that WE have to withdraw the CLIENT ENGAGEMENT HUB and/or the SERVICES for CLIENT ENGAGEMENT HUB security, legal, commercial or regulatory reasons.
17.3 The notices that either WE or YOU are required to serve on the other under this paragraph 17 must be in writing and can be served either by email or by first class post to the last notified address of the party (see paragraph 18 for details of our contact address). If a notice is served by email, it will be deemed to be delivered on the day it was sent provided no non-delivery message is received by the sender. If a notice is served by first class post, it will be deemed delivered two working days after being posted and in proving such service it shall be sufficient to prove that the envelope was properly addressed, stamped and posted.
17.4 YOUR access to the CLIENT ENGAGEMENT HUB will be revoked upon termination of these TERMS, howsoever occurring.
18. How to contact us
18.1 If YOU have any questions about the CLIENT ENGAGEMENT HUB or the SERVICES, YOU can contact YOUR Relationship Manager.
18.2 Calls may be monitored and/or recorded to protect both YOU and US and to help with OUR training. Call charges will vary.
18.3 Our main contact address is Aberdeen Standard Investments, 1 George Street, Edinburgh, EH2 2LL.
19.1 If YOU have a concern or complaint about the CLIENT ENGAGEMENT HUB and/or the SERVICES, please contact US (see paragraph 18 for how to contact US). We will acknowledge your complaint with 5 business days and liaise with YOU regarding your issue and attempt to fully resolve it during this time. In some cases we may require additional information and continue with the investigation into your complaint, however will try to send a final response within 4 weeks of receipt of your complaint. If we are unable to provide you with a final response within this time we will send you an update. We will endeavour to send a final response to you within 8 weeks of receipt of your complaint. If we are unable to provide you with a final response within this time frame, we will write to you explaining why and advise you when you can expect a final response.
19.2 Complaints received from professional clients and eligible counterparties will be handled in the same way as complaints received from retail clients. However, professional clients and eligible counterparties may not meet the definition of “eligible complainant” and therefore may not have access the applicable Alternative Dispute Resolution service within their jurisdiction.
21. STANDARD LIFE ABERDEEN GROUP
21.1 Each member of STANDARD LIFE ABERDEEN GROUP shall be entitled to recover any loss suffered by it and generally to enforce these TERMS in its own right in accordance with the provisions of the Contract (Rights of Third Parties Act) 1999.
22. Governing law
22.1 If TERMS shall be governed by the laws of England and Wales, and YOU and WE shall be deemed to submit to the exclusive jurisdiction of the courts of England and Wales.
23.1 In these terms, these capitalised words have the following meanings:
are services offered by third parties where the third party will:
collect and manage YOUR financial account information for YOU and display this information for YOU in one place such as a single web page; and/or
carry out transactions for YOU using the USERNAME and PASSWORD.
includes a limited company, a sole trader, a partnership or limited liability partnership, a club, a society, a recognised or registered charity, and any other entity which has its own legal identity that is distinct from the individuals that work for it.
DATA PROTECTION LAWS
means any laws or regulations that apply from time to time to the PROCESSING of PERSONAL DATA by either party under these TERMS and to include without limitation Regulation (EU) 2016/679 of 27 April 2016 (GDPR), all national implementing legislation (including the Data Protection Act 2018) and subordinate legislation in the United Kingdom and any applicable decisions and guidance made under them.
means an attempt to make a computer resource unavailable to its intended users.
means the Financial Conduct Authority or any successor regulator which regulates our investment business. The FCA can be contacted at 25 The North Colonnade, Canary Wharf, London E14 5HS. The FCA can be contacted at 12 Endeavour Square, London, E20 1JN.
means the Handbook of Rules and Guidance of the FCA, as amended from time to time.
means any and all information contained on the CLIENT ENGAGEMENT HUB being registered for or provided as part of the SERVICES.
means funds or other investment products offered by US or other members of the STANDARD LIFE ABERDEEN GROUP
means the online registration completed by YOU as part of the registration process to enable YOU to use the CLIENT ENGAGEMENT HUB and the SERVICES.
means the password chosen by YOU during registration (or any subsequent reset) that, together with the USERNAME, enables individual access to the CLIENT ENGAGEMENT HUB and the SERVICES.
means the provision of online services through the CLIENT ENGAGEMENT HUB.
STANDARD LIFE ABERDEEN GROUP
means Standard Life Aberdeen plc which is registered in Scotland (company number SC286832), together with its subsidiaries, subsidiary undertakings and associated companies (whether direct or indirect) from time to time and a member of STANDARD LIFE ABERDEEN GROUP shall mean Standard Life Aberdeen plc or any of its subsidiaries, subsidiary undertakings or associated companies (whether direct or indirect) from time to time.
means the terms and conditions contained in this online document.
means the username chosen by YOU during registration (or any subsequent resets) that, together with the PASSWORD, enables individual access to the CLIENT ENGAGEMENT HUB and the SERVICES.
means the United Kingdom of Great Britain and Northern Ireland, excluding the Isle of Man and the Channel Islands.
means the person (including a private individual or CORPORATE ENTITY) who may have INVESTMENTS, and who is specified as the user of the CLIENT ENGAGEMENT HUB and SERVICES on the ONLINE REGISTRATION (and YOUR shall be construed accordingly).