Website Terms of Use

These website terms of use (the “Terms of Use”) set out the rules for using this website having the URL: www.mslresearch.com (the “Website”).

The Website is operated by Mirabaud Securities Limited, a limited company, registered in England under company number 1654710, with registered office at 5th Floor, 10 Bressenden Place, London, SW1E 5DH (“we”, “us” or “our”, as the context so requires). Our Group VAT Number is 714 3841 46.

We are authorised and regulated by the Financial Conduct Authority under firm reference number 762066, and are a member of the London Stock Exchange. We are not authorised to provide investment services to retail clients, as defined in the FCA's Conduct of Business Sourcebook.

To contact us, please email GTS@mirabaud-msl.com.

In the Terms of Use, the term “you” or “your” refers to the user or viewer of the Website.

Acceptance of the Terms of Use

By using the Website, you confirm that you accept the Terms of Use and agree to comply with them. If you do not agree to the Terms of Use, you must not use the Website.

Changes to the Terms of Use, and Website Materials and Services

We may amend the Terms of Use from time to time. Please check the Terms of Use every time you access the Website to ensure you understand the terms that apply at that time.

We reserve the right in our sole discretion, at any time and from time to time, to add, modify, amend, update or remove any of the Website materials and/or services. Should any licensors provide specific additional terms and conditions relating to materials they provide to us for display on the Website, you shall read and comply with such additional terms and conditions as displayed on the Website when you use such third party materials.

You are responsible for ensuring that the Authorised Users who access the Website through your internet connection or otherwise are aware of the Terms of Use and any other applicable terms and conditions, and that they comply with them.

The Website is directed to users residing in the United Kingdom, mainland Europe, the United States of America, Canada and Asia Pacific. We do not represent that content available on or through the Website is appropriate for use or available in other locations.

You shall not try to obtain access to those parts of the Website that are not opened to public access, other than through use of an authorised user ID and password. If you are given such user ID and password(s), you are responsible for maintaining the confidentiality of such user ID and password(s) and are fully responsible for all activities that occur to, or in respect of, the Website using your user ID and password(s). You shall notify compliancemonitoring@mirabaud-msl.com immediately you identify any unauthorised use of your user ID and password(s). The Website is not a secure medium for electronic communications. To the maximum extent permitted by applicable law, we make no warranty whatsoever to you, express or implied, regarding the security of the Website, including (without limitation) with respect to the ability of unauthorised parties to intercept or access information transmitted by you through the Website. We have the right to disable any user ID or password(s), whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Use.

Disclaimer

To the maximum extent permitted by applicable law, the Website and the materials and services made available through it or provided by us or our third party providers are made available to you on an “as is” and “as available” basis for use at your sole risk, and we do not guarantee that the Website, or any materials on it or services provided through it, will always be available, error-free, free from viruses or other harmful components or uninterrupted. We reserve the right, in our sole discretion, to suspend or restrict access to, or cease to offer: (i) all or any part of the Website; or (ii) any materials or services made available on or through the Website, at any time without notice if Mirabaud considers that it is necessary to do so to protect the security or integrity of the Website or for any other business purpose of Mirabaud or its group companies, for your non-payment of any fees or if your breach any of the terms of the Website Terms of Use. Further, we shall have no responsibility to maintain, correct, update or refresh the materials and services provided on or through the Website.

To the maximum extent permitted by applicable law, we exclude and disclaim all conditions, warranties, representations and terms of any kind, whether express or implied by common law, statute, or otherwise which may apply to the Website or any content or services made available on or through it (including (without limitation) any implied warranty that the Website, and the materials and services made available on or provided through it, are of satisfactory quality or fit for purpose; or any warranty relating to the use or the results arising from your use of the materials and the services made available on or through the Website; or any warranty that the materials and services made available on or through the Website are correct, accurate, complete, reliable, up-to-date, timely, or will continue to be made available on or through the Website).

Liability

Notwithstanding any other provision of the Terms of Use, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Subject to the first paragraph of this 'Liability' section, we will not be liable for any loss or damage, whether in contract, tort (including (without limitation) negligence), breach of statutory duty or otherwise incurred or suffered by you, the Authorised Users or any third party arising as a result of or in connection with: (i) the use of, or reliance on, the materials and services provided on or through the Website; (ii) the failure of a connection or communication service to provide or maintain your access to the Website; (iii) any interruption or disruption of your access to the Website; (iv) the correctness, quality, accuracy, completeness, reliability, currency, timeliness, or continued availability or otherwise of the materials and services provided on or through the Website; or (v) any other aspect of the performance of the Website, in each case even if we have been advised of the possibility of such loss or damage and whether or not such loss or damage is foreseeable, foreseen or known.

Subject to the first paragraph of this 'Liability' section, in no event will we be liable (whether such liability arises due to breach of contract, in tort (including (without limitation) negligence), breach of statutory duty or otherwise) for any: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of revenue; (v) loss of anticipated savings; (vi) loss or waste of management or staff time; (vii) wasted expenditure; (viii) business interruption loss; (ix) loss of or damage to goodwill, reputation and/or similar losses; (x) loss of use, damage to, or corruption of software, data or information; or (xi) special, indirect or consequential loss or damage, in each case, which may be suffered or incurred under or in relation to the Terms of Use and/or on account of your use of the materials and services made available on or through the Website, even if we have been informed of the possibility of such loss or damage and whether or not such loss or damage is foreseeable, foreseen or known.

Subject to the preceding paragraphs of this 'Liability' section, our total aggregate liability to you and the Authorised Users arising out of or in connection with the Terms of Use whether in contract, tort (including (without limitation) negligence), breach of statutory duty or otherwise shall in no event exceed the total fees actually paid by you for access to and use of the Website and the materials and services made available on or through the Website.

Third Party Materials

Part of the Website may contain material sent to us by third parties. These third parties are responsible for ensuring that the material they submit to us complies with all applicable laws. We are not responsible for any error, omission or inaccuracy in such third party material. We reserve the right to omit, suspend or edit any third party material submitted.

For your information only, the Website offers links to other websites and resources provided by third parties. We do not control those linked websites, are not responsible for the content of, or any information made available or accessed through, any linked websites or any link in a linked website, or any changes or updates to such websites, and make no representations, warranties or guarantees concerning the content of those linked websites or any information made available or accessed through those linked websites. We are further not responsible for webcasts or any other form of transmission received from any linked website. The inclusion of such links does not imply our endorsement, approval, authorisation, sponsorship, or affiliation of such linked websites or any information you may obtain from them.

Conflicts Management Policy

Details of our conflicts management policy can be obtained from our Compliance Department by emailing them at compliancemonitoring@mirabaud-msl.com

Intellectual Property Rights

We own or are the licensee of all intellectual property rights and other rights in and to the Website (including (without limitation) its design, structure, and compilation), and in all services provided and material published on it.

You may copy, store, display, review, print, and download extracts of, the materials made available on the Website for your own internal business purposes only, and you may draw the attention of others within your organisation to materials posted on the Website and include the materials made available on the Website in your internal presentations provided that: (i) you obtain our written consent prior to using such materials (such consent not to be unreasonably withheld); and (ii) our status (and that of any identified contributors) as the authors of such materials is acknowledged by you in accordance with the requirements of the following paragraph. For the purposes of this paragraph, you agree that written consent may be provided by us by email. To the maximum extent permitted by applicable law and except to the extent expressly permitted under the Website Terms of Use, no extracts, prints, downloads, images, pages or other content or materials taken from the Website stored or saved to disk or other media shall be licensed, sold, leased, transferred, assigned, distributed, copied, downloaded, displayed, disclosed, posted, published, transmitted or otherwise reproduced, in whole or in part, in any format or by any means, by you to third parties or sold or otherwise circulated for profit or used for commercial purposes. No part of the Website shall be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.

You shall not, except to the extent permitted by applicable law attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website.

You shall not modify the paper or electronic copies of any materials you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged by you (including (where applicable, and without limitation) by stating “Copyright © Mirabaud Securities Limited and/or its licensors”, and inserting the relevant year of publication), and you shall not alter, obscure, or remove any copyright, trade mark or other notice provided in connection with the Website or the material on it. The Terms of Use shall not, nor are intended to, transfer or otherwise grant any rights in or to the Website or the Website materials and services other than those rights which are specifically described in the Terms of Use, and all rights not so expressly granted are reserved by us and/or our licensors.

The Mirabaud trade mark and logo, and other trade marks indicated on the Website are trade marks owned by us in the European Union and/or other jurisdictions, or the relevant licensor (as applicable). All trade marks not owned by us that appear on the Website (“Third Party Trade Marks”) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as expressly set out in the Terms of Use, you agree not to display or use our trade marks or any Third Party Trade Marks in any manner without our prior written permission.

If you print off, copy or download any part of the Website or any of the materials on it in breach of the Terms of Use, your right to use the Website will cease immediately and you shall, at our option, return or destroy any copies of the materials you have made.

Use of the Use of the Website

Subject to the payment of the fees (if any), we hereby grant to you a non-exclusive and non-transferable limited right for you and your employees, agents and independent contractors (“Authorised Users”) who are authorised by you to access and use the Website and the materials and services accessible on or through the Website in accordance with the Website Terms of Use for a period of 12 months from and including the commencement date notified to you by Mirabaud (“Initial Term”). Thereafter, such right to access and use the Website will, subject to your payment of the fees (if any), automatically renew for successive periods of 12 months thereafter (each, a “Renewal Term”). Either party may terminate such access to the Website by giving written notice to the other party no later than 30 days before the end of the Initial Term or the relevant Renewal Term, to terminate such right to access the Website at the end of the Initial Term or the relevant Renewal Term, as the case may be.

Your use of the Website (and that of the Authorised Users) shall not disrupt or interfere with the Website, or materials and services accessible on or through the Website or linked websites, or disrupt or interfere with any other user's access to the Website. You are solely responsible for the actions and communications you and the Authorised Users undertake or transmit through the Website. The rights provided under this paragraph are granted to you only, and shall not be considered granted to any subsidiary or holding company of you.

You will retain all of your ownership rights in any content you upload or post to or via the Website and hereby grant to us a royalty-free, non-exclusive, non-transferable limited licence to use, copy, store, display and modify such content and to distribute it to the extent reasonably necessary for us to provide the materials and services on or through the Website, and for the purposes of analysing the Website, how it is used and the materials and services we provide on or through it.

You warrant that any content you upload to or via the Website does not contain any viruses or other harmful components which may damage or interfere with the operation of the Website.

You shall not upload to or via the Website any material that infringes or may infringe the intellectual property rights of any third party; is unlawful, harmful, threatening, obscene, harassing or discriminatory; is illegal, facilitates illegal activity or causes damage or injury to person or property; or is defamatory, derogatory or offensive (“Unlawful Content”).

To the maximum extent permitted by applicable law, we expressly disclaim all responsibility and liability howsoever caused to you or any other persons in respect of the material and services on, or accessed through, the Website, including (without limitation) the Unlawful Content you upload to or via the Website.

You hereby indemnify, and shall keep indemnified and hold harmless, us from any and all claims, actions, proceedings, demands, liability, costs, expenses, penalties, fines, loss or damage made or incurred by us arising out of, or relating to your, or the Authorised Users' use of the Website, any material you upload to the Website (including (without limitation) the Unlawful Content), or your breach of the Terms of Use.

General

Any failure or delay by either party in exercising any right or remedy under the Terms of Use or by law shall not be construed as a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

If and to the extent that any provision of the Terms of Use (or part of any provision) is found by any court or other authority of competent jurisdiction or agreed by the parties to be invalid, unenforceable or illegal in any relevant jurisdiction, then that provision shall be deleted in relation to such jurisdiction (but not in any other jurisdiction) and the other provisions shall remain in full force and effect.

The Terms of Use, and any disputes or claims arising out of or in connection with them or their subject matter or formation (including (without limitation) any non-contractual disputes or claims) shall be governed by and interpreted in accordance with English Law. In respect of the settlement of any dispute or claim arising out of or in connection with the Terms of Use or their subject matter or formation (including (without limitation) any non-contractual disputes or claims), each party irrevocably submits to the exclusive jurisdiction of the English courts.

Expiry or termination of the Website Terms of Use by Mirabaud shall be without prejudice to any rights or remedies of Mirabaud which may have accrued prior to the date of expiry or termination (as applicable).

No term of this Agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Privacy Policy

We may collect personal information through the Website if you are granted access to the Website in order to take advantage of specific client only services that we offer. Where you provide personal information, we will only use it to deliver the services you have requested and will not distribute this information to any third party, unless required to do so under an act of law or court order or by any competent regulatory body.

In respect of the Website, we do not automatically capture or store personal information, other than logging your IP address and session information such as how long your visit lasted and the type of browser used. This is recognised by the web server and is only used for system administration and to provide statistics, which we may use to evaluate how the Website is used.

We use cookies to make sure your session on the Website is secure. Cookies collect data about the paths that users take when navigating the Website. We use this information to evaluate the Website content, navigability and composition, as well as Website page response rates (i.e. how quickly pages download).

Please see our Privacy Policy for further details on our views and practices regarding your personal data and how we will treat it, the personal data we collect from you or that you provide to us, how we may process your personal data and the cookies we use on the Website. In the event of any conflict or inconsistency between the provisions of this Privacy Policy section of the Terms of Use and the Privacy Policy, the provisions of the Privacy Policy shall prevail to the extent of any such conflict or inconsistency. By visiting and using the Website, you are accepting and consenting to the practices described in the Privacy Policy.

Data Sources

The following third party data is sourced via Factset:

Index Operator Exchanges
FTSE All Share FTSE and Russell Indexes London Stock Exchange
FTSE 350 FTSE and Russell Indexes London Stock Exchange
S&P 500 S&P Dow Jones Indices NYSE and NASDAQ
STOXX Global 1800 Calculated by Dow Jones and disseminated by Chicago Board of Trade
STOXX Europe 600 Calculated by Dow Jones and disseminated by Chicago Board of Trade

Questions

Should you have any questions regarding the contents of, and/or impact of, the Terms of Use or the Website, these should be directed in the first instance by email to: compliancemonitoring@mirabaud-msl.com

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