Disclaimer

IMPORTANT NOTICE

1. When using this Website (the "Website") and viewing its contents you agree and warrant that you do so in accordance with, and not in contravention of, the laws of the jurisdiction in which you are resident, domiciled or located. The Bank accepts no liability arising from your use or viewing of this Website which is in contravention of the laws of the jurisdiction in which you are resident, domiciled or located.
   
2. By accessing the Website you confirm that you are an individual of at least 18 years of age, or, if under 18, that you are accessing the Website with full parental/guardian consent. In making use of the Website you agree to abide by any and all of these following terms and conditions governing use of the Website (the "Terms"). In these Terms, "we", "our" and "us" means Fairbairn Private Bank (IOM) Limited and Fairbairn Private Bank Limited and "you" and "your" means any natural or legal person who uses the Website and each entity on whose behalf the user acts.
   
3. The purpose of the Website is to give information about our products and services. The information contained on the Website is not intended to and does not constitute any offer by us to sell, neither is it intended to be an invitation or solicitation to buy, any product or service and must not be relied upon in connection with any investment or other decision. Any application form, agreement or other document for or relating to any service or product which can be downloaded from the Website does not constitute any offer by us to provide the service or product to which it relates. The bank will not be bound by any communication from you.  Nothing contained on the site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment decision.
   
4. You agree to abide by all applicable laws, regulations and codes (including self regulatory) and you agree to be solely responsible for all things arising from your use of the Website.
   
5. You agree not to:
   1. modify, access or make available data stored on a computer or device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
      
   2. make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
      
   3. damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair its functionality;
      
   4. save as authorised in these Terms or as agreed in writing between you and us, make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website.
      
   We retain the absolute right to disconnect you from the Website, without prejudice to any of our accrued rights, where we in our sole discretion consider you are contravening these Terms.
   
6. You agree that we have no control over third party content and information which can be accessed using the Website and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information.
   
7. Neither we, nor any of our directors, employees or representatives shall be liable for any damages arising out of, or in connection with, the use of the Website. This limitation of liability applies to all damages of any kind, including, but not limited to compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
   
8. We will not be held responsible for the security of the Website, for any disruption to the Website (however caused) or for any loss or corruption of material when downloaded from the Website onto any computer system. In particular, although we seek to ensure that any information specifically relating to you and your account which may be accessed by you is incapable of being accessed by any third party, we cannot be held responsible if third parties hack into such information or it otherwise becomes available to third parties. We do not warrant that your use of the Website or material downloaded from it will not cause computer virus infection or other damage to property.
   
9. Except as expressly provided for below, you agree to indemnify and hold us, and any of our officers, employees and agents harmless from and against all and any losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or any breach of these Terms.
   
10. The copyright in the content of this Website is owned by or licensed to us and other intellectual property rights in and relating to the Website are owned by us. No part of the content of this Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except that you may print or download the visible text of an individual page for private and personal non-commercial use only. You may not reproduce any other part of the Website (including without limitation the structure, overall style and program code).                                                                                  
11. No third party is permitted to link any other website to this site without obtaining our prior written consent.
    
12. The Website may also contain links to other websites which are not under our control and are not maintained by us. We are not responsible or liable in any way for such websites and cannot vouch for the suitability or accuracy of the content of those websites. We provide these links for your information and convenience only but do not monitor or endorse the material on such other websites and you link to them at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with linking to websites.
    
13. We may at any time terminate the Website, or restrict your access to it, refuse to correspond with you, and/or remove your details from our database without prejudice to any other accrued rights.
    
14. We will not be held liable for the accuracy of information contained within the Website and shall have the right, at all times and without the Accountholder's prior consent, to make any necessary adjustments to an Accountholder's account in respect of debits, credits, interest rates and value dates necessary to adjust any error or omission.
15. Internet communications are not secure unless the data being sent is encrypted.  Please remember that e-mail is not a completely secure means of communication: it is possible for others to intercept and to read your messages.  Therefore, should you choose to send us information via e-mail, it is at your own risk.  We do not accept instructions given via e-mail.
16. We cannot take any responsibility for the unauthorised access by a third party and/or the corruption of data being sent by individuals to the offices of Fairbairn Private Bank.
    
17. The exchange rates stated in the Website are for indicative valuation purposes only.
    
18. Should your list of previous successful logins be unfamiliar, you should contact us immediately.
    
19. If you have internet access to view your account on-line, this details all your account transaction history and can be printed from your computer. You will therefore not receive credit advices, deposit confirmations or bank statements. Should you wish a statement to be sent to you, your account will be debited £5 per sheet.
    
20. If you have internet access to view your account on-line, please note that the prices shown for the portfolio holdings are not updated during the trading day and could be historic, depending on the pricing frequency of the individual holding and its availability to us.
21. We reserve the right to amend these Terms. You will be bound by changes through your continued use of the Website.
    
22. We may assign to any person all or any of our rights under these Terms.
    
23. Our failure to exercise or enforce any of our rights in connection with these Terms shall not constitute a waiver of any such rights unless acknowledged and agreed to by us to you in writing.
    
24. These Terms shall be construed in accordance with the laws of the Isle of Man, Jersey and England, as appropriate. We and you irrevocably agree that the courts of the Isle of Man, Jersey and England, as appropriate, are to have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to the law then such provisions shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect.
    
25. Fairbairn Private Bank (IOM) Limited's VAT No is 244246278.
26. The price, or value of, or income from, your investments can fall as well as rise and you may not get back the original amount invested. Exchange rate changes may affect the value of investments.  Past performance is not necessarily a guide to future performance.  

The banking, investment, and other products and services referred to in this Website are provided by Fairbairn Private Bank (IOM) Limited and/or Fairbairn Private Bank Limited. References in this Website to Fairbairn Private Bank are to Fairbairn Private Bank (IOM) Limited and Fairbairn Private Bank Limited collectively.

Fairbairn Private Bank is a registered trade name of Fairbairn Private Bank (IOM) Limited and Fairbairn Private Bank Limited.

The contents of this Website relating to our investment management services have been approved as an investment advertisement for the purposes of the United Kingdom Financial Services and Markets Act 2000 by Old Mutual Asset Managers (UK) Limited which is authorised and regulated by the Financial Services Authority in the UK.  Registered address: 2 Lambeth Hill  London  EC4P 4WR.

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