Legal Information
Ashburton (Jersey) Limited (“Ashburton”) has it’s registered office at PO Box 239, 17 Hilary Street, St Helier, Jersey JE4 8SJ, Channel Islands. It is regulated by the Jersey Financial Services Commission in the conduct of Fund services and investment business and is a member of the FirstRand Group.
TERMS AND CONDITIONS OF USE
Important Information
These Terms cover the use of this Website (“Site”). All services and products offered by other members of the FirstRand Group have their own terms and conditions.
Any use of the Site is subject to these Terms and Conditions and any contrary use is unauthorised. Please read these Terms and Conditions carefully and note that they may be revised at any time and that your subsequent and any continued use of this Site constitutes your continued acceptance of any such revised Terms and Conditions.
Access
Ashburton reserves the right to terminate or restrict your access to this Site for any or no reason, at any time and without notice. We may also at any time amend or remove any content of this Site, or the services referred to in this Site, without notice to you.
Your access will be monitored and in order to improve our service to you, we will occasionally use a “cookie”. A cookie is data that our web server sends to your web browser when you visit certain parts of our Site. The cookie’s main objective is to identify your computer and to personalise your visit by customising your web pages.
Accuracy
Although this Site and its content have been compiled with considerable care, it may not be accurate or complete. It may also include technical errors from time to time which are beyond our control. Ashburton advises you to confirm the accuracy of any information supplied before seeking to rely on such information.
Ashburton shall have no liability for any data transmission errors such as data loss or damage or alterations of any kind arising out of the use of this Site.
Any opinions expressed are made at the time of writing and are subject to change without notice.
Investment Restrictions and Warnings
Services and/or products mentioned in this Site are subject to the legal requirements and regulations of the applicable jurisdiction and may not be available in all jurisdictions.
If you choose to enter a website outside your country of residence, you are advised that it may not be legal in that jurisdiction for you to access or use the services described in this Site. Ashburton will not be liable for any breach of local law or regulation that you may commit.
Our services are offered only in jurisdictions where and when it is lawful to do so. The information on this Site is therefore not intended for use by persons located in, or residents of, jurisdictions which restrict the distribution of this material, including without limitation the United States of America.
It should be noted that some of the services and products mentioned within this Site, and those provided by other members of the FirstRand Group or third parties that can be accessed via this Site, may not be suitable to you. You must therefore read product information carefully before entering into any contractual agreement.
Please remember that with investments the value of shares and the income from them may go down as well as up, is not guaranteed, and you could receive back less than you invested. This could also happen as a result of changes in the rate of currency exchange, particularly where overseas securities are held. Past performance is not necessarily a guide to future performance.
Information or opinions contained in this Site do not constitute an offer to sell or a solicitation or offer to buy any securities or financial instruments, or investment advice or any advice or recommendation thereto.
Third Party Relationships
We provide third party links for your convenience. Ashburton does not assume any responsibility for the content of such websites nor the services or products offered through them. Your use of these may be subject to different terms and conditions. You should therefore read them. We will never make your name or address available to unconnected parties.
We are not responsible for any link to this Site from the website of a third party.
Although you may contact Ashburton by e-mail regarding any queries as to the information on this Site, we advise that confidential information sent by e-mail may not be secure. You can visit us in person or contact us via telephone in regards to confidential information. When we contact you by telephone or when you telephone us, calls are recorded and may be monitored to ensure security for you and to help maintain our service quality.
Copyright
The entire content of this Site is copyright material of Ashburton unless otherwise indicated. This Site is purely for browsing purposes and you may copy information from this Site for your own private or domestic use. All other copying is prohibited.
You must not at any time interfere with or violate the security of this Site or use this Site in a manner which adversely affects it functionality.
Waiver and Limitation of Liability
This Site and all Site materials are provided on an “as is” and “as available” basis.
Ashburton makes no representations or warranties of any kind, whether express or implied. By using this Site, you assume any and all risks that this Site and any content on it may be incomplete, inaccurate, out of date or not meeting your requirements.
In no event shall Ashburton be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or any information that it contains. Should the law of a particular jurisdiction not allow the exclusion or limitation of liability for any type of damages then our maximum liability for any type of damages shall be limited to £500 (Five hundred pounds Sterling).
Data Protection and Privacy
All personal information obtained by Ashburton on or through this Site is processed in accordance with the Data Protection (Jersey) Law 2005.
(i) Personal Data
Please do not send us any personal data if you object to such information being processed by us in the ways described below.
No personal or sensitive data will be used other than for the purpose for which it was originally obtained and all personal data shall be processed fairly and lawfully.
(ii) Client Database
Should you contact us via this Site, your contact details may be added to our client database. Information provided by you will be held in confidence by Ashburton and will not be passed on to third parties for the purposes of marketing. By accepting these terms and conditions, you are confirming that your details may be disclosed or transferred by Ashburton to its agents or third parties authorised to act on its behalf or other members of the FirstRand Group or to third parties for the purposes of providing the designated services.
We may provide you with information about other products and services available from the Group and third parties which may interest you. If you prefer not to receive such marketing information, please contact us marking your correspondence for the attention of the Data Protection Officer.
We may transfer data to other members of the FirstRand Group and/or third parties (in jurisdictions inside or outside the European Economic Area where there may be less stringent data protection laws). Wherever it is processed, your information will be protected by a code of confidentiality and security which all members of the FirstRand Group, their employees and any third parties are subject to and will only be used in accordance with our instructions.
(iii) Right of Access, Rectification or Erasure
You have the right to obtain a copy of any information held about you.
You may request that any inaccuracies in the data we hold about you be corrected, and that any personal data that we hold about you, which we do not have a legitimate reason to retain, be erased.
(iv) Cookies
Upon entering this Site your computer may be issued with a cookie. This is a file that identifies your computer (but not your individual identity) to our server. The information we obtain may include your Internet Protocol (“IP” address) which is a unique number assigned to each computer connected to the Internet, the date, time and duration of your visit. Ashburton will only use cookies for the purpose of monitoring the use of its website and may update the Site accordingly to make it more user-friendly.
(v) Right to Refuse Cookies
You have the option to deactivate cookies within your Internet settings. The procedure for doing so will vary depending on the system you are operating. By way of example, if you are using Internet Explorer 6.0 to browse the internet, you may deactivate cookies by selecting ‘Tools’, ‘Internet Options’, choosing the Privacy tab, clicking on ‘Advanced’, checking the ‘Override Automatic Cookie Handling’ box, and choosing ‘Block’ or ‘Prompt’ as appropriate.
(vi) Accuracy and Completeness of Data
Ashburton endeavours to ensure that all data held is accurate, complete and up-to-date. We shall hold no more data than necessary for the purpose for which we hold such data. It is our policy to review this data from time to time and delete any which is no longer necessary.
(vii) Amendment to Privacy Statement
Ashburton reserves the right to amend this privacy statement at any time without notice. It is therefore recommended that it be viewed on a regular basis in order to monitor any such changes.
Acceptance of Privacy Statement
By using this Site you are accepting the terms of this privacy statement. Should you not agree to any of these terms then you should not continue to use this Site.
Governing Law
These terms are governed by and construed in accordance with Jersey law.