Terms & Conditions
BACKGROUND
This agreement applies as between you, the User of this Website and Arlington Group Asset Management Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Arlington Group Asset Management Limited” means Arlington Group Asset Management Limited, 15 Whitehall, London, SW1A 2DD;
“Service” means collectively any online facilities, tools, services or information that Arlington Group Asset Management Limited makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Arlington Group Asset Management Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Arlington Group Asset Management Limited and acting in the course of their employment; and
“Website” means the website that you are currently using (www.agam.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
*2.1* All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Arlington Group Asset Management Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
*2.2* Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Arlington Group Asset Management Limited.
*2.3* Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Arlington Group Asset Management Limited or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Websit
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.agam.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Arlington Group Asset Management Limited. To find out more please contact us by email at info@agam.co.uk or write to us at our postal address.
5. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
6. Disclaimers
6.1 Arlington Group Asset Management Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.3 Whilst Arlington Group Asset Management Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7. Availability of the Website and Modifications
7.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 Arlington Group Asset Management Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3 Arlington Group Asset Management Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Arlington Group Asset Management Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts Arlington Group Asset Management Limited liability for death or personal injury resulting from any negligence or fraud on the part of Arlington Group Asset Management Limited. 8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Arlington Group Asset Management Limited.
12. Communications
12.1 All notices / communications shall be sent to us either by post to our Premises (see address on home page) or by email to info@agam.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
13. Law and Jurisdiction
These terms and conditions and the relationship between you and Arlington Group Asset Management Limited shall be governed by and construed in accordance with the Law of England and Wales and Arlington Group Asset Management Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Arlington Group Asset Management Limited is registered under company No. 02359077 in England and Wales, at 15 Whitehall, London, SW1A 2DD.
PRIVACY POLICY
This document forms part of the Arlington Group Asset Management Limited Terms for the www.agam.co.uk website (the “Site”) and should be read in conjunction with it. Terms and expressions used in this document but not otherwise defined shall have the same meanings as are ascribed to them in the Arlington Group Asset Management Limited Terms and Conditions.
Introduction
We want you to know that we respect the privacy of every individual who visits the Site and every individual who contacts us. We set out below what information we learn about you when you visit the Site, what we do with that information, and how you can change the information we have.
What information do we collect and how do we use it?
When you visit the Site, we recognise only your domain name and not your e-mail address. We will see your e-mail address only if you send us an e-mail message or send us your email address.
If you provide personally identifiable information about yourself such as your name, address, telephone number (“Personal Information”) by registering by emailing us or otherwise by voluntarily telling us about yourself or your activities, we will collect and retain that Personal Information.
If you send us an email we will use the Personal Information you submit to provide the information you have requested or we believe will be of interest to you. If you have asked us to contact you with advice or information, we will use your Personal Information to contact you in the manner (if any) specified in communication from you.
We may also use your Personal Information to contact you occasionally to notify you about important changes to the Site, new services we will be providing events or articles we think will be of interest to you. We may also send you our regular
Updates by Email.
In addition to the purposes set out above we may use the Personal Information for marketing purposes and market research. This will help us improve our services and the content of the Site.
If you do not want to receive this information or wish us to delete Personal Information you have submitted through the Site please send an e-mail to us at info@agam.co.uk or contact us at: 47/48 Piccadilly, London W1J 0DT.
Non-Personally-Identifiable Information collected automatically
We may collect information about you that is not personally identifiable, such as the type of Internet browser and operating system you use, or the domain name of the website or the advertisement from which you linked to the Site.
When you view the Site we may store some information on your computer. This information will be in the form of a “Cookie”. “Cookies” are small pieces of information that are stored on your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable us to tailor the Site or advertisement to reflect your interests and preferences. Most web browsers automatically accept cookies, but you can usually change your browser to prevent all Cookies or receive a warning before a Cookie is stored.
Protection of Personal Information
As required by the General Data Protection Legislation, we follow strict security measures in the storage and disclosure of Personal Information to prevent unauthorised access.
Disclosure
We may disclose your Personal Information to any of our subsidiary or affiliated companies, to our agents or representatives or to other users for the purposes set out above. This may mean that your Personal Information is transferred outside the European Economic Area (“EEA”). By submitting your Personal Information to us you consent to such transfer even if such transfer is out of the EEA. Please let us know at the address above if you do not consent to the transfer of your Personal Information in this manner.
We may also disclose your Personal Information to third parties where you request certain services or information through the Site. If those services are provided by a third party that third party may need to have your Personal Information in order to fulfil your request and you consent to the transfer or your Personal Information for the purposes of fulfilling your request, even if that third party is not within the EEA.
We do not currently sell, trade or rent Personal Information to third parties.
Postings
Any communication or material (including Postings) you transmit to the Site by email or otherwise for publication may be edited by us or on our behalf, and may or may not be posted to the Site at our sole discretion. Where such communication or material contains Personal Information about you please notify us if you do not wish such Personal Information to be disclosed.
You should be aware that if you voluntarily disclose Personal Information on any User generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
Consent
By using the Site you consent to our collection and use of your Personal Information as stated above. If we decide to change our privacy policy, we will post a notice to that effect on the Site and such change will be effectual from the date on which that notice is posted.
We have recently sent a communication to all relevant business contacts regarding the GDPR Regulation effective from 25 May 2018.
Effect
This document forms a part of the Arlington Group Asset Management Limited Terms and Conditions of Use and should be read in conjunction with it. In the event of any inconsistency between the terms of this document and the Arlington Group Asset Management Limited Terms and Conditions of Use, the Arlington Group Asset Management Limited Terms and Conditions of Use shall prevail.
GDPR
Arlington Group Asset Management Limited has adopted a new data protection policy pursuant to the introduction of the General Data Protection Regulation – Regulation (EU) 2016/679. This policy is available on request by contacting us @ info@agam.co.uk
DISCLAIMER
1.1 Arlington Group Asset Management Limited makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, or that it will be secure.
1.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this website will be accurate and up to date, Arlington Group Asset Management Limited makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of this website.
1.3 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
1.4 Commercial use of the information on this website is permitted, however Arlington Group Asset Management Limited makes no representation or warranty that the content of this website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
1.5 Whilst every reasonable effort has been made to ensure that any and all descriptions of services available from Arlington Group Asset Management Limited correspond to the actual services available, Arlington Group Asset Management Limited is not responsible for any variations from these descriptions.