Clarion Investment Management Portfolio Funds App for Investors - Terms and Conditions 

In downloading and using the Clarion Investment Management Limited (CIML) Portfolio Funds App for Investors you are deemed to have read and agreed to the following terms and conditions. Please note that this app is owned and maintained by Margetts Fund Management Limited, the authorised corporate director of the Clarion Portfolio Funds, and the following terms and conditions relate to Margetts Fund Management.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Margetts”, the “Company", “Ourselves”, “We” and "Us", refers to Margetts Fund Management Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

General

This app is owned and maintained by Margetts Fund Management Limited, which is authorised and regulated by the Financial Conduct Authority.

This app is issued in the United Kingdom and the information, services and products on the app are for use by residents of the United Kingdom only.

These Terms and Conditions may be varied at any time by Margetts without notice. Your continued use of our mobile app denotes your acceptance of any new or varied Terms and Conditions.

All reasonable care has been taken to ensure that the information contained within the app is accurate, current, complete, fit for its intended purpose and compliant with the relevant United Kingdom legislation and regulations as at the date of issue. However, errors or omissions may occur due to circumstances beyond our control and no warranty is given or representation made regarding the accuracy or completeness of the information provided. In addition, some information is accurate only on the date that such information is supplied by Margetts, such as fund prices etc. If you are in any doubt as to the accuracy of any information contained within this app, or if you require any further information, you may wish to contact us directly or take independent financial advice.

This app is provided for information only and does not constitute a financial promotion (as defined in the Financial Services and Markets Act 2000). Nothing in this app is intended to be financial advice. Margetts believes that it is important that any investments you make are suitable for your needs. We recommend that prior to making an investment into any of our products you consult with an authorised financial adviser who will be able to consider your particular investment and help you to determine which is most appropriate for your circumstances.

Please note that there is no guarantee that any email sent by you will be received by us, or that the contents of any such email will remain private during internet transmission. Any information is sent at your own personal risk.

The laws of England and Wales govern these terms and conditions. By accessing this app you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Online valuations service

You warrant that each time you use the Margetts valuation system, you are entitled to the information presented. Any attempt to access information without entitlement could be considered a serious, reportable regulatory breach, as well as data theft and a violation of client confidentiality and data protection.

Margetts recommends that you cross-reference information provided online with your own records. If you believe any information is incorrect at any time, you should notify Margetts or your financial adviser at Clarion Wealth Planning Limited immediately, together with an explanation of why you believe the information is incorrect. This mobile app and the valuation service provided via the Margetts website do not replace the statutory six-monthly statements, which are the only valuations upon which investors and advisers should rely.

Login information and activity on the website may be recorded by Margetts. However, passwords are encrypted and cannot be viewed or retrieved. If you lose your password you will need to reset it via our website.

Investment Risk Warnings

Past performance is not a guide to future performance. The value of investments and the income from them is not guaranteed and may fall as well as rise. When you sell your investment you may get back less than the amount originally invested.

Funds with an emphasis on the generation of income may charge their annual management charge to capital. Investors should be aware that there is a potential for future capital erosion.

Certain funds may invest in overseas securities. The value of overseas securities will be influenced by the rate of exchange used to convert them back into the base currency of the fund. Fluctuations in rates of exchange may affect the value of overseas investments.

Certain funds may invest in emerging markets. Emerging markets have additional risks associated with local custody and registration practices that may be less developed than more mature markets.

Certain funds may hold sub investment-grade bonds (which typically have a low credit rating and carry a high degree of risk), which may affect the value of your capital.

Certain funds may hold smaller companies. Smaller companies may carry a higher risk due to their sensitivity to local markets and their shares may be illiquid.

Certain funds may hold derivatives and other securities, which may increase risk.

The NURS KII document or Key Investor Information Document (KIID), and Supplementary Information Document contain important information and detail specific risk warnings.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual clients. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than the financial adviser attached to a client account and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this app is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this app and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this app and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this app. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your device, device software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

Unless otherwise stated, the services featured on this app are only available within the United Kingdom. Redistribution or republication of any part of this app or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this app will be uninterrupted, timely or error free, although it is provided to the best of its ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links from this app

We do not monitor or review the content of other party’s websites which might be linked to from this app. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this app.

Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in England and Wales, Number 4158249, registered office 1 Sovereign Court, Graham Street, Birmingham B1 3JR.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Issued by Margetts Fund Management Ltd.

Margetts Fund Management Limited is authorised and regulated by the Financial Conduct Authority.

For any information about the company or for a copy of the Company's Terms of Business, please contact the company on 0121 236 2380 or at 1 Sovereign Court, Graham Street, Birmingham B1 3JR. You can e-mail us at admin@margetts.com