Terms of Use for Lowes Structured Investment Centre Website
The use of Lowes Structured Investment Centre (‘’LSIC’’) website is subject to the following Terms (“the Terms”), which should be read carefully.
The information on this website, and any services or Investments / Plans referred to on this website, are intended for use only by Financial Advisers (and staff of Financial Advisory firms) who are authorised and regulated to advise on investments by the Financial Conduct Authority; and other similar appropriately authorised Wealth Management or Investment Professionals (“Professional Advisers”).
The LSIC website has not been prepared with a view to any specific investment objectives, financial situations or the needs of any particular investors in mind.
No investment recommendation to investors should be made without reference to the relevant documentation / literature relating to the particular Investment / Plan concerned, in particular, the Investment / Plan Brochure, the key risks and the terms and conditions.
Any investment into any of the Investments / Plans listed on the LSIC website will be subject solely to the terms and conditions applicable to the Investment / Plan, detailed in the relevant Investment / Plan brochure / literature.
The information on, and any opinions contained in, this website does not constitute, a public offer under any applicable local laws or regulation or an offer to sell, solicit for or an offer to buy any securities or financial instruments or advice or recommendation relating to such securities or other financial instruments, or representations relating to any investment strategy and or the suitability of any securities.
LSIC reserves the right to vary the Terms of the website at any time. By acceptance of the Terms and use of the LSIC website, you agree to be legally bound by the Terms and any changes.
Should you have any questions relating to these Terms please contact LSIC at info@lowes-sic.com or telephone 00 44 (0)191 287 8712.
Please do not use the LSIC website if you do not agree to these Terms.
ABOUT THE LOWES STRUCTURED INVESTMENT CENTRE WEBSITE
This website is made available by Lowes Structured Investment Centre, a trading style of Lowes Financial Management Limited, authorised and regulated by the Financial Conduct Authority, 114650. You can check these details on the FCA Register by visiting their website, www.fsa.gov.uk/register/home.do or by contacting the FCA.
Lowes Financial Management is registered in England and Wales, 124866, at Fernwood House, Clayton Road, Jesmond, Newcastle upon Tyne, NE2 1TL.
UK-BASED PROFESSIONAL ADVISER USE
This website is intended for use by UK-based and English speaking overseas based (excluding those based in the US or Canada) Professional Advisers.
The Investments / Plans can be neither offered nor transferred in the United States of America or Canada.
By clicking “I Agree” to the Terms of this website and accessing the information on the website, you shall be deemed to have represented that you are not a U.S. or Canadian person and that you are not located in the United States of America, its territories and possessions, and any State of the United States of America and similarly Canada and that you are authorised to receive the information on this website.
INVESTMENT RISKS
Structured investments, including those within this website, are not suitable for everyone.
Professional Advisers should not advise their clients to invest in any investment unless they and their clients understand their nature and, in particular, the extent of any and all risks.
Capital is at risk - investors could lose some or all of their capital.
Past performance cannot be relied upon as a guide to future performance. Any returns referred to in the LSIC website are illustrative only and do not constitute projections of expected returns unless expressly specified as such.The value of Investments / Plans can go down as well as up and investors may get back less than their initial investment.
The tax treatment of Investment / Plan depends on the individual circumstances of the investor and may be subject to change in future.
In the event of Counterparty or Issuer insolvency / failure to meet obligations, in respect of structured investments (excluding structured deposits), investors will not normally have recourse to the Financial Services Compensation Scheme.
SUITABILITY TEST
When providing personal recommendations in relation to investments, such as the Investments / Plans carried on the LSIC website, Professional Advisers are required to undertake a suitability assessment for advised clients and to only recommend products in accordance with the results of the suitability assessment.
The purpose of the suitability assessment is to ensure that clients have the necessary experience and knowledge to understand the Investments / Plans under consideration, that the Investments / Plans offered meet clients’ specific investment objectives and that any prospective client understands and can tolerate the risks of the Investment / Plan being offered, including any potential loss of capital or failure to generate growth or income.
NO INVESTMENT ADVICE
The LSIC website has not been prepared with a view to any specific investment objectives, financial situations or the needs of any particular investors in mind.
Nothing in this website constitutes legal, tax, investment, financial or any form of advice, intended or implied.
Neither Lowes Structured Investment Centre or Lowes Financial Management Limited, or any associated Lowes Group entity, have given or implied any such advice.
No investment recommendation to investors should be made without reading the relevant documentation / literature relating to the particular Investment / Plan concerned, in particular, the Investment / Plan Brochure, the key risks and the terms and conditions. A copy of such documentation may be obtained from LSIC upon request.
Access to and use of this website and any information set out on the website by a user does not mean that the user becomes a client of LSIC, Lowes Financial Management Limited, or any associated Lowes Group entity or that LSIC, Lowes Financial Management Limited or any associated Lowes Group entity owes any duty, fiduciary or otherwise, to any such user.
ACCURACY AND RELIABILITY OF INFORMATION
LSIC does not guarantee the reliability or accuracy of information displayed on this website and LSIC makes no representation or warranty regarding the accuracy or completeness of any such information.
LSIC maintains the right to modify the content of the LSIC website or to amend the service provided by the LSIC website at any time, without prior notification.
DISCLOSURE OF INTERESTS
LSIC is involved with the conceptualisation, development and promotion to Professional Advisers of the Investments / Plans carried on LSIC website. LSIC is likely to have a material commercial interest in the Investments / Plans described in this LSIC website or the investments underlying them.
Please note that references to the structured investment sector's Issuers and Providers, that LSIC works with, in the conception, development and promotion of the investment product co-operations available through the Centre, as 'Sector Partners' are descriptive only - there is not a formal or legal partnership relationship between Lowes Structured Investment Centre and the Issuers or Providers.
Lowes Financial Management Limited also maintains a website, StructuredProductReview.com, which is designed to provide industry and product information, research services and education to Professional Advisers with regard to structured products. The site is maintained with the financial support of structured product providers (who may also be providers to the Investments / Plans described in the LSIC website or the investments underlying them) and industry professionals.
Lowes Financial Management Limited is the core IFA business of Lowes Group. As Independent Financial Advisers, Lowes Financial Management can advise on products from the whole market place, including the Investments / Plans described in this LSIC website or the investments underlying them.
Lowes Group has robust systems and controls in place to ensure that it manages any actual or potential conflicts of interests in its activities. Further information in this regard is available on request.
ACCESS TO THE LSIC WEBSITE
LSIC endeavours to ensure that the LSIC website is usually constantly available.
LSIC cannot guarantee that the LSIC website will not be subject to technical difficulties, hackers or viruses.
Access to the website (or any part of it) may be suspended temporarily or withdrawn permanently and without notice, including (but not limited to) in the case of system failure, maintenance or repair or for reasons beyond LSIC's control.
LSIC shall not be liable if, for any reason, the website (or any part of it) is unavailable at any time or for any period of time.
You are responsible for ensuring that all persons who access the LSIC website through your internet connection are aware of these Terms and that they comply with them.
LOSS, DAMAGE OR HARM ARISING FROM USE OF THE LSIC WEBSITE
LSIC will not be liable for any loss or damage caused by viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the LSIC website or to your downloading of any material posted on it, or on any website linked to it.
YOUR USE OF THE LSIC WEBSITE
You undertake to access and use the information contained on the LSIC website in your capacity as a Professional Adviser.
You must not misuse the LSIC website (including, without limitation, by hacking).
You are prohibited from posting or transmitting to or from the LSIC website any material:
(a) 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;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) 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
(d) 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).
LSIC may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them.
If you breach any of these Terms, your right to use the LSIC website will cease immediately.
LINKING TO THE LSIC WEBSITE
You may use any part of the LSIC website or link to the LSIC website, or link any other website to the LSIC website, in connection with appropriate Professional Advisory use of the website and / or the Investments / Plans and / or services available through LSIC.
LIABILITY
LSIC gives no warranty and makes no representation regarding the accuracy or completeness of any content on the LSIC website.
Any views, statements or representations provided for on the LSIC website do not necessarily reflect the opinion of LSIC. Any views or opinions of LSIC that are reflected in the LSIC website may change without notice.
Save as set out expressly herein, LSIC expressly excludes all liability for any direct, indirect or consequential loss or damage (including, without limitation, any economic loss (including, without limitation, loss of profit, income or revenue, business, contracts, or anticipated savings) or any loss of goodwill or reputation) incurred by any user in connection with the LSIC website, including but not limited to any liability, damage or loss arising from:
(i) any transaction carried out on the basis of the information on the LSIC website;
(ii) any delay, error or omission in the content of the LSIC website or the use, the interruption or non-availability of the LSIC website;
(iii) any loss arising from an interruption to the service;
(iv) any loss of data;
(vii) wasted management and office time;
(vi) changes made to the content of the LSIC website by unauthorised third parties. Save as expressly set out herein, all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby excluded to the fullest extent permitted by law.
LSIC shall not be held liable for the results of any factor beyond its reasonable control or for any loss or damage to your technical environment, including, but not limited to, hardware, software, or any other equipment used to access LSIC website or use the services and/or the information herein.
LSIC does not guarantee, nor shall it be held liable, under any circumstance, for the suitability, fitness for any particular purpose, sequence, accuracy, absence of errors, veracity, topicality, loyal and commercial nature, quality, soundness, non-infringement or availability of the information contained on the LSIC website.
LSIC does not guarantee or promise that the LSIC website (including, but not limited to, the functions contained in it) will be updated, that access to it will be uninterrupted or error-free, that defects will be corrected and that all or any part of the content or materials or the accuracy, availability or completeness of the content of the LSIC website are appropriate or available for use in any jurisdiction.
LSIC may discontinue production or updating of the LSIC website or any part of it without notice.
While LSIC strives to protect your personal information and privacy, LSIC cannot guarantee the security of any information you disclose online. You acknowledge that you are aware of the security and privacy limitations of doing so.
Where any Investment / Plan is based on an index, the index provider will have no liability to you in respect of its activities in respect of that index.
Nothing in these Terms excludes, limits or restricts LSIC's:
(a) duties and liabilities to you under the regulatory system;
(b) liability for death or personal injury caused by the negligence of LSIC or its employees or agents; or
(c) liability for fraud or fraudulent misrepresentation.
INTELLECTUAL PROPERTY
Any and all copyright, trade-mark rights and other registered and unregistered intellectual property rights protected in any part of the world which subsist in the contents of the LSIC website, including but not limited to texts, data compilations, logos, images, graphics, button icons, digital downloads, audio clips and software used on the website, are vested in LSIC, its affiliates or licensors.
The name, logo and trade-marks of LSIC and its affiliates are reproduced by permission of Lowes Financial Management Limited.
The LSIC website contains numerous registered and unregistered trade-marks belonging to Lowes Financial Management Limited and its affiliates and licensors. If you are in doubt as to whether a mark is a trade-mark of Lowes Financial Management or its affiliates, please contact us for clarification.
Subject to the following paragraph, any copying, reproduction, transmission, publication, distribution, disclosure, dissemination, creation of derivative work or commercial exploitation, in whole or in part, of the content of the LSIC website, including (but not limited to) any materials published on the LSIC website in any medium or by any means whatsoever (including, but not limited to, caching and framing), as well as any sale, resale, retransmission or any other act tending to make such contents available to any third party in any manner whatsoever is strictly prohibited.
You are permitted to print and download extracts from the LSIC website for Professional Advisory use, on the following basis:
(a) no documents or related graphics on the LSIC website are modified in any way;
(b) no graphics on the LSIC website are used separately from accompanying text;
(c) LSIC's / Lowes Financial Management’s copyright and trade mark notices and this permission notice appear in all copies; and
(d) LSIC's status (and that of any identified contributors) as the authors of material on the LSIC website must always be acknowledged.
If you print off, copy or download any part of LSIC website in breach of these Terms you must, at our option, return or destroy any copies of the materials you have made.
THIRD PARTY INFORMATION / LINKS
Any third party information, referral buttons containing hyperlinks, advertising, etc., are not recommendations or endorsements by LSIC. LSIC accepts no responsibility for the hypertext links to other websites, for the contents of any linked websites or for any loss or damage that may arise from your use of them. You should refer to the relevant third party for all relevant information applicable to your use of any site, service, etc. LSIC makes no representation or warranty regarding the accuracy or integrity of any third party or their information or services and is not responsible for any third party in any way.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE LSIC WEBSITE
We process information about you in accordance with our cookies and privacy policy. By agreeing to these Terms, you agree to the Privacy and Cookies policy and you warrant that all data provided by you is accurate.
OTHER
LSIC may transfer or assign any or all of its rights and delegate or sub-contract any or all of its responsibilities under these Terms to any third party at any time without prior notification or your consent. You may not assign or transfer your rights or responsibilities under these Terms without our prior written consent.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and accordingly nothing in these Terms shall be directly or indirectly enforceable by any third party, nor are they intended to confer a benefit on any third party.
In the event any of the provisions of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any and all disputes which may arise out of, under, or in connection with these Terms or use of this LSIC website.