Website User Terms

1. Our User Terms

1.1  In accordance with the following User Terms (‘LCM User Terms’), we grant you certain rights (as set out below) and in return you agree to perform certain obligations.

1.2  LCM Wealth Management Limited (“LCM”) is regulated by the Financial Conduct Authority (FCA) for investment business in the UK.  If you wish to verify our authorisation, you may do so by conducting a free on-line search of the FCA’s Register .

1.3  Please read these LCM User Terms carefully.  They are a legal document and, by your continued use of this website, you agree to be bound by these User Terms.

1.4  If you do not agree with these User Terms and do not wish to be bound by them, please exit this website immediately and do not use it in the future.

1.5  Any goods and services (“Products”) offered for sale by companies other than LCM (“Third Party Content Providers”) via third party websites linked to this Website are subject to separate terms and conditions between you and the applicable Third Party Content Provider.  You acknowledge that the applicable Third Party Content Provider (and not LCM) is solely responsible for the fulfilment of orders for any products and for its quality, suitability, and fitness for purpose.  Any disputes or questions relating to the Products  must be directed to the Third Party Content Provider in question and you acknowledge that LCM shall have no responsibility, obligations or liability in relation to the Products.

2. Licence to Use Material on Website

2.1  LCM grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the website (including but not limited to software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘LCM Material’) on the basis set out in Clause 2.2.

2.2  You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these LCM User Terms) and store the LCM Material for your own personal, noncommercial use provided that you do not:

2.2.1  remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;

2.2.2  modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the LCM Material;

2.2.3  rent, lease, sub-licence, loan, copy or give or transfer any rights in the LCM Material in any form, to any person or entity without the prior written consent of LCM.

2.3  Any product, process or technology referred to in the LCM Material may be subject to other intellectual property rights of LCM and are not made available hereunder.

3. Ownership of Intellectual Property Rights

3.1  Notwithstanding the limited rights granted to you in accordance with Clause 2, LCM or other third parties which licence such material to the LCM, retain their ownership, title and interest in the intellectual property rights contained in the LCM Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.

3.2  You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material which may be sent via any chat services, bulletin boards, competitions or articles submitted for publication or similar services offered via this website (“Website Services”), on the website or in using any of the Website Services (“User Generated Content”) may be retained as the property of LCM.  LCM shall have no obligations with regard to the User Generated Content, or monitor the User Generated Content to ensure that it complies with applicable laws or regulations.  You remain solely responsible for the User Generated Content in accordance with Clause 6.

3.3  LCM may have trademarks in its name.  All other product names and company logos mentioned in the information, documents or other items provided or available on this website may be the trademarks of their respective owners.

4. Duration of IFA User Terms and Termination

4.1  These LCM User Terms are binding upon you immediately.  You accept them by your use of this website, and they will remain in force until the earlier of the following:

4.1.1  you breach any of the terms of the licence granted to you in accordance with Clause 2;

4.1.2  LCM terminates these LCM User Terms by notice to you at any time in accordance with Clause 10.2; or

4.1.3  you terminate these LCM User Terms by notice to LCM IFA at any time in accordance with Clause 10.1.

4.2  In the event that these LCM User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:

4.2.1  the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the LCM Material;

4.2.2  you must delete or destroy any of the LCM Material stored by you in electronic or hard copy form as soon as reasonably practicable; and

4.2.3  you will have no further rights to access or use the website or the Website Services.

5. LCM’s Responsibilities

5.1  LCM undertakes to use commercially reasonable endeavours to prevent breaches of security of the website.

5.2  LCM makes no representation or warranty that the website or Website Services will be accessible, or useable by you or error free. LCM uses reasonable efforts to include accurate and up-to-date information on the website.  The information, documents or other items provided or available on this website could include technical inaccuracies or typographical errors.  LCM makes no warranties or representations as to its accuracy.  LCM assumes no liability or responsibility for any errors or omissions in the content on the website. 5.3  LCM reserves the right, without notice to you, to remove any LCM Material from the website or to suspend or alter the operation of the website or any Website Services, at its sole discretion or for legal or technical reasons.  LCM will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.  LCM may make improvements and/or changes to the information or documents provided or available on this website at any time.

6. Your Responsibilities

6.1  You agree that you are responsible for the security and use of any user names or passwords needed to access or use the website or any Website Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the website or any of the Website Services using your user name or password.

6.2  You agree that you will not use the website or any of the Website Services as follows:

6.2.1  to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;

6.2.2  to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry;

6.2.3  for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.

6.3  You agree to indemnify LCM against any claims, costs, expenses or legal proceedings caused as a result of your use of the website or Website Services in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, LCM shall be entitled to treat the contravention as a material breach of these LCM User Terms and terminate the LCM User Terms and any access permission granted to you by LCM forthwith, without notice to you.

7. Consent to Use of Your Personal Information

7.1  For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this website and the Website Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to LCM.  By accepting these LCM User Terms, you expressly agree to transfer such personal information or data to LCM to use, store and process the personal information in accordance with the provisions set out in the LCM Privacy Policy a link to which can be found below.

7.2  LCM’s website uses cookies.  Further details and information is set out in our Privacy Policy.

8. Disclaimers

8.1  You accept that it is reasonable that, to the maximum extent permitted by law, all representations, conditions, warranties and other terms whether implied by statute, common law, course of dealing or otherwise are excluded.

8.2  Nothing in these Terms of Use limits LCM’s liability to you for death or personal liability caused by LCM’s negligence.

8.3  LCM hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential loss or damages caused by errors or omissions in the information or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.

8.4  To the extent that LCM is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this website or the Website Services, LCM’s entire liability shall be limited to £1,000 (one thousand pounds) for any one incident or series of related incidents and up to £5,000 (five thousand pounds) for all incidents in any period of 12 months.

8.5  This website may contain links to third party websites which are controlled and operated by parties other than LCM (“Third Party Content Providers”).  The links will let you leave the website and LCM is not responsible for any of the contents of any linked website or any link contained in a linked website.  The inclusion of any link on the website does not imply endorsement by LCM of the linked website or products or services offered via the linked website.  If you decide to access linked third party websites, you do so entirely at your own risk.  LCM is providing these links only as a convenience, and the inclusion of any links does not imply endorsement by LCM of the website or its contents.

9. Notices

9.1  You may send a legal notice to LCM, or any questions you may have concerning these LCM User Terms by contacting LCM via enquiries@lcmwealth.co.uk w.  Such notices will be effective within 3 days of receipt by LCM.

9.2  LCM may send you notice by general notice on this website, by e-mail to your e-mail address on record with LCM, or by post to the geographical address on record with LCM. Such notice will be effective if sent by e-mail or posted on the website, 1 day from the date it was sent or posted on the website.  If sent by regular post, it will be effective 3 days after posting by LCM.

10. General

10.1  LCM reserves the right to add to or change the terms of these LCM User Terms in its sole discretion without prior notice to you.  All changes to the LCM User Terms will be effective once posted on the website.  LCM will provide notice of the changes to the LCM User Terms for a reasonable time after posting the amended LCM User Terms on the website.  Your continued use of the website or the Website Services following LCM’s posting of such changes will be regarded by LCM as acceptance of the amended LCM User Terms. If you do not agree to be bound by the amended LCM User Terms you should exit the website immediately and not access or use the website in the future.

10.2  If any part of these LCM User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these LCM User Terms will not be affected. 10.3  If LCM is unable to perform any obligation under these LCM User Terms because of a matter beyond its reasonable control (including but not limited to); fire, flood, war, explosion, civil disorder, or other disasters or governmental laws or regulations imposed after the fact, or events beyond the reasonable control of LCM, LCM will have no liability for that failure to perform.

10.4  Any person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

10.5  Unless otherwise specified on this website, the LCM Materials available on this website are directed solely at those who access the website from the United Kingdom.  LCM makes no representation that any LCM Material is appropriate for use elsewhere or available in other locations.  Those who choose to access this website and the Website Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.

10.6  These User Terms are governed by the laws of England, and subject to the non- exclusive jurisdiction of the English Courts.

Limitation of liability

LCM disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect or consequential damages, which might be incurred through the use of or access to the LCM website, or any links to third-party websites.

Furthermore, LCM disclaims all liability for any tampering with the Internet user’s computer system by unauthorised parties.  In this regard, LCM expressly reminds of the risk of viruses, and the possibility of targeted attacks by hackers.  In order to combat viruses, it is recommended that the most recent browser versions be used, and that anti-virus software be installed and continually updated.