Terms of Use

These Terms of Use explain the basis on which Charles Stanley & Co. Limited ("we" or "Charles Stanley") provides, and you may use, the Charles Stanley Direct website at the domains www.charles-stanley-direct.co.uk and www.cs-d.co.uk and the pages within such domains (the "Site") and the Charles Stanley Direct mobile application, as updated from time to time (the "App"). By continuing to do so, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree, please refrain from using our Site and the App.

Neither the Site nor the App should be regarded as an offer or solicitation to conduct designated investment business, as defined by the UK Financial Services and Markets Act 2000 ("FSMA"), in any jurisdiction other than the United Kingdom. Any research or other material on the following pages of this Site and/or on the App has been prepared for persons in the United Kingdom and is not intended for distribution or use outside the United Kingdom. Charles Stanley may be prohibited or restricted by legislation or regulation in any other jurisdiction from directing or making this Site or the App available to you; in particular the Site and the App are not for distribution in, nor directed at, persons in the European Union, USA , Canada. If you are accessing this Site or the App from outside the United Kingdom, please contact us at the address below and we shall be pleased to confirm the position to you. You should satisfy yourself before reading any research or other material that Charles Stanley is permitted to provide it to you under relevant legislation and regulations. Charles Stanley accepts no responsibility for any failure by a person resident outside the United Kingdom to observe the foregoing.

 

Information available from the Site and/or the App

1. Users of this Site may access different areas, information and facilities depending on whether Charles Stanley has accepted an application for basic or full registration on the Site:

1.1. the service is open to all users over the age of 18, subject to the territorial limit set out above;

1.2. the login area of the Site may be reached following successful completion of Charles Stanley’s registration process, subject to these Terms of Use; and

1.3. Charles Stanley reserves certain functionality within the login area and within the App to those users who have been accepted as a client following successful completion of Charles Stanley’s full registration and account opening requirements, subject to these Terms of Use and the relevant Business Terms.

2. The Business Terms applicable to the operation of your account with Charles Stanley Direct operate in conjunction with the terms of these Terms of Use, although the former shall take precedence in the case of any conflict between them.

3. Charles Stanley may update these Terms and our Privacy Notice, Cookie Policy and other policies from time to time, and you agree that you will be bound by the Terms published using the Site and/or App when you use the Site and/or App. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site or App following the posting of any changes to these Terms constitutes acceptance of such changes. If you do not agree to such changes, you should stop using the Site and the App.

4. You must be 18 years or over to register for the Charles Stanley Direct service.

 

Compliance

5. You understand that while you may be able to access certain research tools and reports through this Site and/or the App, the availability of such information does not constitute a recommendation to buy, sell or otherwise trade all or any of the securities mentioned therein. Charles Stanley accepts no fiduciary duties to the reader of such material and in communicating such research material is not acting in a fiduciary capacity. Neither Charles Stanley nor any of its directors, officers, employees or agents shall have any liability, howsoever arising, for any error or incompleteness of fact or opinion in it or lack of care in its preparation or publication, provided that this shall not exclude liability to the extent that this is impermissible under the law relating to financial services. All statements and opinions are made as of the date on the face of the relevant research material and are not held out as applicable thereafter. Research recommendations are given in good faith but without legal responsibility and are subject to change without notice. You are recommended to seek advice concerning suitability from your investment advisor. Investors should be aware that past performance is not a reliable indicator of future results and that the price of shares and other investments, and the income derived from them, may fall as well as rise and the amount realised may be less than the original sum invested. You agree not to hold Charles Stanley and/or any of its respective offices, employees, agents or affiliates, liable for any investment decisions made by you arising from the use of the Site, the App or its Content.

6. Charles Stanley and its connected companies, their directors, members, employees and members of their families may have positions in the securities or derivatives (including derivatives, options and warrants) thereof of covered companies referred to in research. As a result, investors should be aware that Charles Stanley may have a conflict of interest that could affect the objectivity, independence and impartiality of its research. Investors should consider research as only a single factor in making their investment decision.

7. The policy on the production of research by Charles Stanley, the definitions of its research recommendations and how it manages actual or potential conflicts of interest can be found at www.charles-stanley.co.uk/pcr-policy.

8. Research material will carry the date of publication or, on a research circular printed overnight, the date on which it was sent to the printers. Where a price is quoted in research material it will generally, in the absence of contrary words, be the latest practicable price prior to distribution or, in the case of a research circular printed overnight, the closing price at the close of business.

 

Content, Use & Reproduction

9. You acknowledge that the Site and the App contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") which is protected by copyright and other intellectual property rights proprietary to Charles Stanley and its licensors.

10. No part of the Content may without the prior written permission of Charles Stanley be permanently stored, reproduced or copied in any form or by means other than for the user’s legitimate and legal personal purposes, provided that the user maintains all of the Charles Stanley notices (such as all legal notices and disclaimers, copyright notices, trade mark legends, or other proprietary rights).

11. Distribution, reselling or reproduction of this material is strictly prohibited. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content or the App, in whole or in part.

 

Using the App

 

12. The App is available to use, free of charge and solely in accordance with these Terms of Use, to those users who have been accepted as a client following successful completion of Charles Stanley’s full registration and account opening requirements. This licence is non-exclusive, non-transferable, non-sub-licensable and revocable, and shall automatically terminate immediately on your breach of these Terms or the Business Terms.

13. You acknowledge and agree that we exclusively own or have been licensed by third parties to use all rights (including, but not limited to, intellectual property rights), title and interest in the App and the Content.

14. Nothing contained in these Terms of Use conveys to you any title or interest in or to the App or any Content.

15. The right to use any upgraded or updated version of the App replaces the right to use previous versions of the App;

16. You shall not create any modifications or derivative works directly or indirectly using the Site or App, or components thereof, and any modifications or derivative works created directly or indirectly using the Site or App, or components thereof, or enhancements to the Site or App, shall vest on creation in, and be owned exclusively by, us, and you shall promptly on request execute any further documentation required to legally or commercially effect such assignment.

17. Charles Stanley may update the App at any time and may change or remove any functionality of the App at any time.

18. Charles Stanley may, at any time, without notice and for any reason, suspend your access to the App, disable the App, close the App indefinitely and/or terminate your right to access the App.

19. We do not warrant that the App will function on all devices or operating systems.

20. If the App allows you to send emails or other communications to third parties, you acknowledge and agree that you are solely responsible for the contents of any such email or other communications and that you send any such email or other communication at your own risk.

21. You agree that you will not:

 

  • use the Content or the App for any fraudulent or unlawful purpose or to send any information, data, images, sound or visual recordings or other material which is abusive, defamatory, indecent, menacing, obscene or breaches the rights, including without limitation intellectual property rights, of any third party;
  • use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the App or iOS, Android or other operating systems;
  • in connection with the App, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;
  • download the App from anywhere other than a store approved by us or install or use it on a jail-broken or rooted device;
  • Interfere with or disrupt the operation of the App or the servers or networks used to make the Content available, or violate any requirements, procedures, policies or regulations of such networks;
  • collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App;
  • transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  • restrict or inhibit any other person from using the App (including, but not limited to, by hacking or defacing any portion of the servers or networks used to make the Content or the App available);
  • use the Content or the App for any commercial purposes, other than solely for your own personal purposes;
  • resell or otherwise exploit all or any part of the Content by any means or medium now or hereafter created;
  • display, circulate, publish, retransmit, redistribute, reproduce, duplicate, copy, sell, resell or otherwise exploit, or provide any kind of access to all or any part of the Content and/or the App by any means or medium now or hereafter created;
  • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content or the App, except that you may decompile a portion of the Content, the App and/or the Services only to the extent required to be permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Content or the App or with another program and such information is not available from Charles Stanley or elsewhere;
  • remove any copyright, trademark, or other proprietary rights notice from the Content or the App; create a database by systematically downloading and storing the Content or the App; and/or
  • use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather or reproduce the Content or the App or circumvent the navigational structure or presentation of the Content or the App without Charles Stanley’s express prior written consent.

 

About this Site

22. Charles Stanley does not warrant that the Site or the App will be secure, uninterrupted, error-free or free of computer viruses or other harmful components; nor does it make any warranty as to the results that may be obtained from the use of the Site or the App. Other than disclosures relating to Charles Stanley, the information on the Site and/or the App including stock price information is based on current public information that it considers reliable. Charles Stanley endeavours to correct any errors and omissions within its control as soon as it becomes aware of them, but it does not represent that it is accurate, complete or free of computer viruses or other harmful components and neither the Site nor the App should be relied on as such.

23. Charles Stanley will not be liable for the consequences of any event beyond its reasonable control (including the electronic transmission of data, content, material and information over the internet and the interception or decryption of it by others) or for any damages resulting therefrom.

24. The Site and the App are provided without warranties or other assurances of any kind. To the fullest extent permitted by law, neither Charles Stanley nor any other party involved in creating, producing or communicating the Site and/or the App shall be liable for any loss or damage, whether reasonably foreseeable or not, resulting from the use of or inability to use it, including but not limited to interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorised access to Charles Stanley’s records, programs or services.

25. Nothing in these Terms of Use shall operate so as to exclude, limit or restrict Charles Stanley’s liability for death or personal injury, for fraud or fraudulent misrepresentation, for damage suffered as a result of any breach by of the conditions as to title and quiet enjoyment implied by English law, liability under the Consumer Rights Act 2015 or for any other liability the exclusion or limitation of which is not permitted by English law.

26. If any provision in these Terms of Use shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

Communications with Charles Stanley

27. As emails are not secure, we urge you not to send emails to Charles Stanley containing confidential information, or that relate to time sensitive matters. You agree that you do so at your own risk and that you hold Charles Stanley harmless from any loss that you may suffer as a result. An automated delivery receipt does not constitute acceptance of any email; we will only be deemed to have accepted an email if we expressly reply to or act on your email. The use of emails by clients who have accepted the Charles Stanley Direct Business Terms is governed by those Terms. Users of the Site who have successfully completed the registration process should use the secure message facility via the login area of the Site to contact Charles Stanley regarding administrative issues in relation to their accounts (as such messages are encrypted and stored securely). However, the use of the secure messaging facility cannot be used to instruct us on any time-sensitive matter such as, but not limited to, instructing us to deal.

 

External Sites

28. By accessing other websites through links provided by Charles Stanley (be it a hypertext link or other referral device), you agree to the following terms and conditions:

28.1. Should you access or view content on any website that is not provided by Charles Stanley via the Site or the App, you do so at your own risk. Charles Stanley has no control over the content of an external website and is not responsible for it or any damages or losses that may arise from your use of it.

28.2. The material available on external websites has been produced by independent providers that are not affiliated with Charles Stanley and may not be regulated by the FCA. Any opinions or recommendations expressed on external sites are solely those of the independent providers and are not the opinions or recommendations of Charles Stanley.

28.3. You understand that while some of the linked websites may provide information and news stories about investments, the availability of such information does not constitute a recommendation to buy or sell or otherwise trade all or any of the securities discussed therein. You understand that you are responsible for your own investment decisions and you should seek your own professional advice as to the suitability of any investment mentioned in such information.

29. You may not link to the Site without the prior written consent of Charles Stanley. The Site must not be framed on any other website. Charles Stanley reserves the right to withdraw any linking permission without notice.

 

Third Party Providers of Information

30. Any information provided by Digital Look Ltd, Thomson Financial Limited, Thomson Reuters (or any of their affiliated companies) or any other third party (the "Information") on the Site or App is owned by or licensed to those companies and your use of the Information is limited to storing, filing in format print and displaying the Information for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce or communicate any Information in any format to anyone else. Charles Stanley shall not be responsible for any errors in the Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom. You agree to indemnify and hold harmless Charles Stanley for any cost, charges and damages resulting from your breach of this clause.

31. "Bats" is a trade mark of Cboe Global Markets, Inc. ("CGM"). Charles Stanley is licensed by Cboe Europe Limited, a subsidiary of CGM (collectively, the "Cboe Group") to redistribute the Bats UK Indices on a real time basis. The Indices are calculated in accordance with a standard set of Rules & Methodology established by Cboe Group and all rights in and to the Indexes vest in Cboe Group and/or its licensors. All information is provided for reference only. Neither Cboe Group nor its licensors shall be responsible for any error or omission in the Indices.

32. You agree to comply with any restrictions or conditions imposed upon the use, access or storage of the data as may be notified to you by Cboe Group or Charles Stanley and you agree not to distribute or disseminate in any form or by any means (including but not limited to via the Internet or via any other electronic means) all or any of the data provided by Charles Stanley under licence from Cboe Group. You agree to indemnify and hold harmless Charles Stanley for any costs, charges and damages resulting from your breach of this clause.

33. Any news services which may appear on the Site or App have been produced by independent providers that are not affiliated with Charles Stanley. Any opinions or recommendations expressed are solely those of the independent providers and not the opinions or recommendations of Charles Stanley. Information provided by the independent providers is believed to be reliable. However, Charles Stanley does not guarantee the timeliness, sequence, accuracy, or completeness of such information.

 

Data Protection

34. Where you have provided personal information to us, Charles Stanley shall at all times comply with the requirements of current data protection legislation.

35. We only use your personal information in accordance with our Privacy Notice. Please take the time to read this, as it includes important terms which apply to you.

36. You are responsible for maintaining the security of your Username and Password which permits access to the login area of the Site and initial registration of the App. Such username and password information, together with any additional security details unique to you and applicable to your use of the Site or App must never be shared with anyone, and after accessing the login area of the Site and/or App you must log off. This ensures that no third party may be able to access your details if you leave your computer or device and your session has not yet been timed out. You will be exclusively responsible for any instructions placed or purported to be placed under those details and Charles Stanley shall be entitled to treat all such instructions as authentic.

37. If you receive marketing, research or other regular information from Charles Stanley and wish to unsubscribe, please either click on the ‘Unsubscribe’ link in any of the marketing emails that we send to you or by emailing directly to: [email protected]. You may also adjust your preferences at any time using your account settings.

 

Other Information

38. In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, Charles Stanley reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains and/or systems. Monitoring includes checks for, but not limited to, viruses and other malignant codes, criminal activity and inappropriate, offensive or otherwise unacceptable use or content. All telephone calls are recorded for business purposes or to comply with regulatory obligations.

39. Charles Stanley reserves the right to cooperate fully with any investigation by national and international police, regulatory authorities and other officials, and reserves the right to disclose any personal data (including personal or private electronic communication transmitted on the Site and/or the App) to such officials to the extent requested by them in connection with any such investigation, or as otherwise required by law or regulation.

40. Current tax levels and reliefs may change and the value of any relief depends on individual circumstances.

 

Corporate Information

41. Charles Stanley Direct is a trading name of Charles Stanley & Co. Limited.

42. Charles Stanley Group PLC (registered in England No. 48796) is the parent company of Charles Stanley & Co. Limited.

43. The principal companies within the Charles Stanley group of companies are:

Charles Stanley & Co. Limited: Registered in England No. 1903304. Authorised and regulated by the Financial Conduct Authority (Ref. No. 124412).
Rock (Nominees) Limited: Registered in England No. 1115143.
Fitzrovia Financial Planning Limited: Registered in England No. 11240082. Appointed Representative of Charles Stanley & Co. Limited (Ref. No. 806986).
Myddleton Croft Limited: Registered in England No. 05782909. Authorised and regulated by the Financial Conduct Authority.
Each of the above companies has its registered office at 55 Bishopsgate, London, EC2N 3AS except for Fitzrovia Financial Planning Limited whose registered office is at 29/30 Fitzroy Square, London W1T 6LQ.

44. Charles Stanley is a member of the London Stock Exchange and the Investment Association.

45. "Charles Stanley" is a registered trade mark of Charles Stanley & Co. Limited.

46. Charles Stanley’s registered VAT number is 524732945.

47. For general enquiries by email, please contact Charles Stanley at [email protected] Please note this email address is not secure.

48. We may assign or transfer our rights and/or obligations under these Terms on notice (which may be posted on the Site) to any other person or entity. You shall not assign or transfer all or any of your rights, benefits or obligations under these Terms.

 

Regulatory Information

49. For the purposes of S. 21 Financial Services & Markets Act 2000, the Charles Stanley Direct website and the App have been approved by Charles Stanley & Co. Limited, a firm authorised and regulated by the Financial Conduct Authority (the "FCA") and entered in the FCA’s Register with Register number 124412.

50. The FCA’s Register and the FCA Handbook of Rules and Guidance can be accessed at www.fca.org.uk.

 

Governing Law

51. These Terms of Use shall be governed by and construed in accordance with the laws of England.

 

December 2020

Investment involves risk. You may get back less than invested.