ATTENTION: This legal notice applies to the entire contents of the Website under the domain name barkertatham.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.
This notice is issued by Barker Tatham Investment Consultants Ltd (BTIC Ltd) (incorporated in England with company registration number 07577773). BTIC Ltd’s registered office is at 145 – 157 St John Street London EC1V 4PW.
1.1 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 BTIC Ltd may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 The content of the Website comprises information and views on general investment issues only. The information on the Website is for information purposes only and does not constitute and should not be construed as specific advice.
2.2 No information on the Website has been included with regard to any user’s circumstances, objectives, or needs and users of the Website must make their own independent decisions. Before entering into any transaction, each user is urged to consider the suitability of the transaction to his particular circumstances and to review independently, with professional advisors as necessary, the specific risks incurred, in particular the financial, regulatory, and tax aspects.
2.3 The information contained in the Website is not intended for distribution to, or use in any jurisdiction where such distribution, publication, or use would be unlawful, nor is it directed to any person or entity to whom it would be unlawful to direct such a document.
2.4 We may modify, withdraw or deny access to this website at any time, including introducing changes for its use or other restricted access.
3.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
3.1.1 no documents or related graphics on the Website are modified in any way;
3.1.2 no graphics on the Website are used separately from the corresponding text;
3.1.3 BTIC Ltd’s copyright and trade mark notices and this permission notice appear in all copies; and
3.1.4 you do not distribute any information on the Website or use in any jurisdiction where such distribution, publication or use would be unlawful.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by BTIC Ltd or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 3.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.3 Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without BTIC Ltd’s prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4.1 While BTIC Ltd endeavours to ensure that the Website is normally available 24 hours a day, BTIC Ltd shall not be liable if for any reason the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily or withdrawn without notice in the case of system failure, maintenance or repair or for any other reason.
5.1 Other than personally identifiable information, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. BTIC Ltd shall have no obligations with respect to such material. BTIC Ltd and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2 for which you have not obtained all necessary licences and/or approvals; or
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 BTIC Ltd shall fully co-operate with any law enforcement authorities or court order requesting or directing BTIC Ltd to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. BTIC Ltd has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. BTIC Ltd therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of the BTIC Ltd logo;
6.2.2 you do not create a frame or any other browser or border environment around the Website;
6.2.3 you do not in any way imply that BTIC Ltd is endorsing any products or services other than its own;
6.2.4 you do not misrepresent your relationship with BTIC Ltd nor present any other false information about BTIC Ltd;
6.2.5 you do not otherwise use any BTIC Ltd trade marks displayed on the Website without express written permission from BTIC Ltd;
6.2.6 you do not link from a website that is not owned by you; and
6.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 BTIC Ltd expressly reserves the right to revoke the right granted in clause 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify BTIC Ltd for any loss or damage suffered by BTIC Ltd or any of its group companies for breach of clause 6.2.
7.1 While BTIC Ltd endeavours to ensure that the information on the Website is correct, BTIC Ltd does not warrant the accuracy and completeness of the material on the Website BTIC Ltd disclaims any liability or responsibility in respect of in respect of reliance which may be placed upon the information and materials contained in the Website. BTIC Ltd may make changes to the material on the Website, or to the products described in it, at any time without notice. The material on the Website may be out of date, and BTIC Ltd makes no commitment to update such material.
7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BTIC Ltd provides you with the Website on the basis that BTIC Ltd excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by English law which, but for this legal notice, might have effect in relation to the Website).
8.1 BTIC Ltd and any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit BTIC Ltd’s liability for any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Authorisation to provide regulated advice
To adhere to the rules of the DPB handbook (by which we are bound), we need to include the following in our brochure and on our website:
“This company is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment services to clients because we are licensed by the Institute and Faculty of Actuaries. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.”
However, we believe that the practical effect on our advice to you should be clarified.
Most of the advice provided by investment consultants is not classified as “investment advice” as far as the Financial Services Act is concerned. For example, advice on investment objectives and asset allocation (which typically covers most of our work) is not regulated investment advice. The only regulated work we do is when we recommend or arrange investments in specific funds or securities, which is a smaller part of our overall service.