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Legal & Compliance

This page contains important legal and regulatory statements which you must read in conjunction with the information on Adam & Company's Internet Website. This information has been issued and approved by Adam & Company plc and Adam & Company Investment Management Limited and does not in any way constitute investment advice.

EXCLUSION OF LIABILITY

These 'Exclusion of Liability' provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this website. Nothing in these terms and conditions and in particular within the 'Exclusion of Liability' clauses shall attempt to exclude liability that is not permissible under applicable law, including without limitation, for death or personal injury, or for fraudulent misrepresentation.

Nothing in these terms and conditions shall exclude or limit or restrict our duties and liabilities to you under the Financial Services and Markets Act 2000, or any conduct of business rules which we are bound to comply with.

While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.

We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, incidental, consequential loss or damage,

suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.

Access to and use of this website is at the user's own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.

To provide increased value to users of this website, we may provide links to other websites or resources (that are not part of The Royal Bank of Scotland Group) for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and shall not be responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use that others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

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ADAM & COMPANY PLC

Registered Office: 22 Charlotte Square, Edinburgh EH2 4DF. Registered in Scotland Number 83026.
Adam & Company plc is authorised and regulated by the Financial Services Authority. FSA Registration Number 114724

Consumer Credit Act

Under the terms of the Consumer Credit Act 1974 you should be aware of the following:

  • When clients of Adam & Company plc arrange credit facilities, security and life assurance cover may be required
  • Full written credit details are available on request
  • All lending is subject to the Bank's appraisal of the applicant's financial status
  • Loans and other credit facilities are not available to people under the age of 18
  • All overdrafts are repayable on demand

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE OR ANY OTHER DEBT SECURED ON IT.

CHANGES IN THE EXCHANGE RATE MAY INCREASE THE STERLING EQUIVALENT OF YOUR DEBT.

Home Loans

For home loans, we may require security over the property. An acceptable life assurance policy may also be required. House Buildings Insurance for reinstatement value may also be required.

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE.

Annual Equivalent Rate (AER)

The Annual Equivalent Rate (AER) represents the annual rate effectively received by the client if interest at the gross rate applied during a year remained in the account and itself earned interest. As every advertisement for a savings product, where a rate is displayed, will contain an AER, you will be able to compare more easily what return you can expect from your savings over time.

Insurance policies

As with any insurance policy, there are certain situations which are not covered. Please note that full details of the cover, terms and conditions are given in the policy document.

The Lending Code

Adam & Company plc subscribes to the Lending Code, a copy of which is available on request. Alternatively, you can download  a copy.

Compliance with the Code is independently monitored and enforced by the Lending Standards Board .

Ombudsman

Adam & Company plc is covered by The Financial Ombudsman Service

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ADAM & COMPANY INVESTMENT MANAGEMENT LIMITED

Registered Office: 22 Charlotte Square, Edinburgh EH2 4DF. Registered in Scotland No. 102144. FSA Registration Number 141831

Adam & Company Investment Management Limited is authorised and regulated by the Financial Services Authority. In relation to the investment services described the following should be borne in mind:

  • Past performance is not necessarily a guide to future performance.
  • The value of investments and the income derived therefrom may fall as well as rise and you may not get back the amount that you invest.
  • Any investment involving exposure to a currency other than Sterling is subject to changes in the rate of exchange, which may cause the value of the investment to go up, or down.
  • Any tax reliefs referred to are those available under current legislation, which may change, and their availability and value will depend on your individual circumstances.
  • In the case of some investments, you should be aware that there is no recognised market for them and it may therefore be difficult for you to deal in them or obtain reliable information about their value or the extent of the risks to which they are exposed.
  • Whilst a portfolio of investments specially selected to meet your requirements can be expected to perform in a broadly similar way to the market as a whole, some divergence will be experienced, especially over the short to medium term.

In relation to ISAs:

  • The taxation privileges of ISAs are not guaranteed and may be changed by legislation.
  • In relation to Cash ISAs, deposits are held by Adam & Company plc. Adam & Company Investment Management Limited, the ISA Manager, will act as agent in arranging the deposit. Adam & Company plc has accepted responsibility for the actions of Adam & Company Investment Management Limited with respect to the deposit. Adam & Company plc is a member of the Financial Services Compensation Scheme established under the Financial Services and Markets Act 2000. For further details please see above.

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ADAM & COMPANY INTERNATIONAL LIMITED

Registered Office: Royal Bank Place 1 Glategny Esplanade St Peter Port Guernsey Channel Islands GY1 2HJ

Adam & Company International Limited is regulated by the Guernsey Financial Services Commission and licensed under The Banking Supervision (Bailiwick of Guernsey) Law, 1994, as amended, and The Protection of Investors (Bailiwick of Guernsey) Law, 1987, as amended.

Adam & Company International Nominees Limited and Adam & Company International Trustees Limited are wholly owned subsidiaries of Adam & Company International Limited.

Adam & Company International Nominees Limited and Adam & Company International Trustees Limited are licensed under The Regulation of Fiduciaries, Administration Business and Company Directors, etc. (Bailiwick of Guernsey) Law, 2000, as amended.

Adam & Company International Limited is a participant in the Guernsey Banking Deposit Compensation Scheme. The Scheme offers protection for ‘qualifying deposits’ up to £50,000, subject to certain limitations. The maximum total amount of compensation is capped at £100,000,000 in any 5 year period. Full details are available on the Scheme’s website www.dcs.gg or on request from Adam & Company International Limited (+44 (0)1481 715 055). Deposits are not covered by the Financial Services Compensation Scheme under the Financial Services and Markets Act 2000.

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FINANCIAL SERVICES COMPENSATION SCHEME

Adam & Company is a member of the Financial Services Compensation Scheme (FSCS). The Scheme can pay compensation to customers if they are eligible and a regulated firm is unable to pay claims against it, usually if the firm stops trading or is insolvent. Compensation limits apply depending on the type of claim:

  • Deposits - Up to the greater of £50,000 or €50,000 per person. Deposits in all currencies are treated the same. Most depositors, including individuals and small firms are covered
  • Investments - Maximum £50,000, i.e. 100% of first £50,000 per person 
  • Mortgage advice and arranging (for business conducted on or after 31 October 2004) - Maximum £50,000, i.e. 100% of first £50,000 per person
  • Long-term insurance (e.g. pensions and life assurance) - Maximum 90% of the claim, without any upper limit
  • General Insurance:
    • Compulsory insurance (e.g. third party motor) - 100% of the claim, without any upper limit.
    • Non-compulsory insurance (e.g. home and general) - Maximum 90% of the claim, without any upper limit
    • General insurance advice and arranging: (for business conducted on or after 14 January 2005) - Maximum 90% of the claim, without any upper limit

More details on what types of business and other entities are not covered, and how eligible claims are calculated, can be found on the FSCS’s website www.fscs.org.ukwww.fscs.org.uk . Alternatively, it can be contacted by telephone on 020 7892 7300 or by writing to Financial Services Compensation Scheme, 7th Floor, Lloyds Chambers, 1 Portsoken Street, London, E1 8BN.

The UK Financial Services Compensation Scheme is not applicable to deposits held outside the UK.

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GENERAL

Adam & Company plc, Adam & Company Investment Management Limited and Adam & Company International Limited are wholly owned subsidiaries of Adam & Company Group plc.

Adam & Company Group plc is a wholly owned subsidiary of The Royal Bank of Scotland plc.

Telephone calls

For your protection, telephone calls may be recorded for security purposes and may be monitored.

Internet Communications

In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, Adam & Company reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to; viruses and other malignant code, criminal activity, and use or content which is unauthorised as being in breach of the Group Dignity at Work and Information Security policies.

Data protection

We may ask you to provide your name and personal contact details if you wish more information about our products and services. This data is used to provide you with the information you request, and may be retained to keep you informed by mail or telephone or other reasonable methods of products and services offered by Adam & Company plc. If you would prefer not to receive marketing information, please advise us by writing to Adam & Company plc, 22 Charlotte Square, Edinburgh EH2 4DF.

VAT Number

GB 243 8527 52

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THE FINANCIAL SERVICES AUTHORITY

If you would like further information on the Financial Services Authority you can access their website at http://www.fsa.gov.uk/

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PRIVACY

We are committed to protecting your privacy during your visits to our website and recognise our responsibility to hold your information securely and confidentially.

Cookies

Cookies are small text files placed on your computer and are commonly used on the internet.

We use them to:

  • collect anonymous information that will help us understand visitors’ browsing habits on our website;
  • compile statistical reports on website activity, e.g. number of visitors and the pages they visit;
  • temporarily store any information which you may enter in tools, such as calculators or demonstrations on our website;
  • in some cases, remember information about you when you visit our site. We may need to do this to provide some of our services.

We do not use cookies to track your use of the internet after you leave our sites, nor do we store any personal information in them that others could read and understand.

We use two types of cookie:
Session cookies - these are temporary and are deleted as soon as you close your browser.
Persistent cookies - these are stored on your computer until they expire or you remove them.

Persistent cookies store your personal preferences such as your language preferences on multi-lingual sites to make subsequent visits easier. They also remember questions we have asked you previously, such as a request to complete an online survey. A persistent cookie will prevent you from being asked to complete the same survey every time you visit the website.

Third party cookies - We work with third parties who, on our behalf, research the use of our website and activities on it. In doing so they may place a cookie on your computer. However it would not contain any personal information that others could read and understand.

We also work with third parties to evaluate the effectiveness of our advertising and promotions on third party websites. Again, the cookie would not contain any personal information that others could read and understand.

Accepting or rejecting cookies

You can configure your internet browser to warn you each time a new cookie is about to be stored on your computer so that you may make a decision whether to accept or reject it.

Please refer to your internet browser’s help section for specific instructions.

Please note that some parts of our website may not function properly if you reject cookies.

Further information about cookies

The Interactive Advertising Bureau is an industry body that has produced a series of web pages which explain how cookies work and how they can be managed.

For details of how we process your personal information, please refer to your product terms and conditions.

Strict security procedures are followed in the storage and disclosure of your personal information.

When personal information is requested on-line by us, we ensure that your browser encrypts it. The strongest available encryption under the industry standard technology called SSL ("Secure Sockets Layer") is applied. The same technology is used for personal information sent back to your browser from the Adam & Company website.

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Adam & Company plc and Adam & Company Investment Management Limited are both authorised and regulated by the Financial Services Authority. For full Regulatory Information, please see our Legal, Compliance & Privacy Section. © Adam & Company plc.