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Terms And Conditions

Terms & Conditions for Canaccord Genuity Wealth Limited (CGWL), Canaccord Genuity Investment Management Limited (“CGIML”) and Canaccord Genuity Financial Planning Limited (CGFPL)

Scroll down for Terms & Conditions for Canaccord Genuity Wealth Management (International) 'CGWI'

If you have any questions please feel free to contact your investment manager or our Client Liaison team (tel 020 7523 4501, email Clientliaison@canaccord.com)

Terms and Conditions

This agreement is between the user (the "User"); and Canaccord Genuity Wealth Management (CGWM). Canaccord Genuity Wealth Management is a trading name of Canaccord Genuity Wealth Limited (CGWL), Canaccord Genuity Investment Management Limited (“CGIML”) and Canaccord Genuity Financial Planning Limited (CGFPL), all of which are authorised and regulated by the Financial Conduct Authority and have their registered office at 88 Wood Street, London, EC2V 7QR. CGWL is registered in England no. 3739694. CGIL is registered in England no. 4482559. CGFPL is registered in England no.5525834.

WHEREAS
(A) CGWM has developed an online information service whereby its clients and representatives of its clients can access information over the internet;
(B) The User is a client of CGWM or has been given permission to view a client’s information and wishes to use CGWM’s online information service and CGWM is willing to grant the User use of such service in accordance with the provisions of this Agreement.
IT IS AGREED AS FOLLOWS:
1. Interpretation
In this Agreement:
(a) the headings are used for convenience only and shall not affect its interpretation;
(b) references to clauses shall mean clauses of this Agreement;
2. Definitions
In this Agreement, the following words shall have the following meanings:
"Client" means a person who has signed a CGWM Client Agreement from.
"Service" means internet access to the client’s valuation(s), statement(s) and other information which is held by the online information service.
"User ID" means any user identifications, passwords, authentication codes and other requirements that may be specified by CGWM from time to time to provide the User access to the Service.
3. The Service
3.1. The User hereby consents to the use of the Service.
3.2. The User acknowledges that the internet is not a secure means of communication and accepts the inherent security implications of passing information over the internet (including, without prejudice to the generality of the foregoing, confidentiality and reputational risks). Whilst CGWM will use reasonable endeavours to protect the integrity of the Service and the client’s confidential information, CGWM cannot guarantee the security of the Service or of any information disclosed online. Subject to clause 9, the User agrees that its use of the Service will be at its own risk.
3.3. The User hereby agrees to be bound by any instructions transmitted over the internet and validated by CGWM according to the security procedures used in connection therewith (as amended from time to time).
3.4. By accessing information the User hereby understands that the information may not be up-to-date.
3.5. The User hereby understands that when transmitting instructions over the internet they will not be actioned immediately and therefore time critical instructions such as dealing instructions should not be sent by this method.
3.6. CGWM gives no warranty and makes no representation as to the accuracy, adequacy, quality, or fitness for any particular purpose or use of the Service or the information available to the User through the Service or that the Service is free of viruses and other malicious code, or that the Service will be continuously available.
3.7. Any rights of access to the Service may not be assigned, licensed or otherwise transferred to any other person without the prior written consent of CGWM.
3.8. CGWM shall be entitled, at its discretion, to suspend the availability of the Service for such period or periods as it sees fit or to withdraw the Service in its entirety.
4. Basis of valuations
4.1. The User accepts that valuations are provided on the following basis:
4.1.1. That all prices and foreign exchange rates quoted are compiled using bid-market closing prices/rates;
4.1.2. That where certain up-to-date prices are not available, and where CGWM believes this to be in the interests of its clients, CGWM may use an estimated valuation price;
4.1.3. That if the investment is not listed or quoted and thus is not readily realisable, the value is determined by whatever method CGWM deems to be appropriate;
4.1.4. That book values shown are calculated on a pooled basis and are not necessarily the book cost for CGT;
4.1.5. That in instances where prices have been provided to CGWM by the Client or by an agent CGWM cannot guarantee the accuracy of such prices;
4.1.6. That prices, dividend/yield information are taken from an external provider and whilst CGWM will use reasonable endeavours to ensure that this information is correct and current, CGWM cannot guarantee its accuracy or that it is up-to-date.
4.1.7. That where clients have not taken the opportunity to use our full nominee and safe custody service, CGWM cannot guarantee the accuracy of valuations. The User accepts that such valuations are compiled for guidance only.
4.2. Investments should be considered to be held in the custody of Canaccord Genuity unless detailed otherwise. Accounts detailed as 'Ex Custody' in the 'Portfolio analysis' section are not held in Canaccord's custody.
5. Variation of the Service
5.1. The User agrees that the use of the Service shall be subject to:
5.1.1. This Agreement;
5.1.2. The terms and conditions displayed when accessing the Service from time to time;
5.2. The User hereby agrees that the terms and conditions contained in this Agreement and displayed when accessing the Service may be amended from time to time by CGWM through the Internet by means of "click acceptances" or any other form of digital signature and agrees to be bound thereby.
5.3. The User hereby acknowledges that it may be required periodically to accept updated user agreements and security procedures (including on-line agreements) to continue to use the Service.
5.4. CGWM reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Service at its sole discretion.
6. User IDs
6.1. The User shall be solely responsible for the use and safekeeping of User IDs and hereby agrees to keep all User IDs strictly confidential at all times and not to disclose them to any person without the written permission of CGWM.
6.2. The User and CGWM shall agree from time to time such further procedures as may be required to facilitate the operation of the Service.
7. Technical failures and security breaches
7.1. If the User is notified by CGWM or otherwise becomes aware of or suspects that a technical failure or security breach attributable to CGWM has occurred, the User shall immediately cease its use of the Service and, if the User becomes aware of or suspects such technical failure or security breach otherwise than by being notified by CGWM, the User shall contact CGWM immediately to inform them of such failure or breach; 020 7523 4501 or ClientLiaison@CanaccordGenuity.com.
7.2. If the User becomes aware of or suspects a breach of its own security measures to protect the confidentiality of the User ID or any failure by it to comply with agreed procedures or otherwise, it shall immediately notify CGWM of the same 020 7523 4501 or ClientLiaison@CanaccordGenuity.com and CGWM shall be entitled to take such action to remedy such breach as it may in its absolute discretion think fit including (without prejudice to the generality of the foregoing) permanent or temporary cessation of the Service without recourse to or liability on the part of CGWM.
7.3. For the avoidance of doubt, the User shall be responsible for any loss, liability or cost which is attributable to the use of the User ID up to the point that the User has notified CGWM that the User ID has been lost or that its security has been compromised.
7.4. The User hereby confirms that it understands that CGWM reserves the right at all times to revoke the User ID at any time and for any reason without prior notice.
7.5. For the avoidance of doubt, CGWM shall not be responsible for any loss, costs or damages caused by any breach of security or any consequent or subsequent unauthorised transaction caused directly or indirectly by the User’s failure to maintain the confidentiality of any User ID.
8. Limitations of liability
8.1. CGWM shall have no liability for any direct loss, costs or damages incurred by the User except insofar as such loss, costs or damages are attributable to the gross negligence, wilful default or fraud of CGWM. In such cases, CGWM’s liability shall be limited to the replacement of securities or monies (including interest) lost or foregone as an immediate result of the CGWM’s action or failure to act.
8.2. CGWM shall have no liability for any indirect, special or consequential loss, costs or damages incurred by the User (whether notified to CGWM or not) as a result of the use of the Service howsoever caused (including, but not limited to, loss of profits, loss of sales, loss of turnover, loss of or damage to business, loss or corruption to data or business interruption).
8.3. The User will indemnify CGWM against any loss, liability and cost which CGWM may suffer or incur as a result of acting on any instruction which CGWM reasonably believes to have been approved by the client or given on the client’s behalf.
9. General
9.1. In agreeing to this Agreement you acknowledge that you have not relied on any representation, warranty or other assurances (except as set out in this Agreement), whether oral, written, express or implied.
9.2. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be affected or impaired.
10. Termination
10.1. Either party is entitled to terminate these arrangements by giving 7 days written notice to the other party, such notice to be served at the address which appears at the head of this Agreement, or as otherwise notified to the parties in writing from time to time.
10.2. CGWM reserves the right to terminate these arrangements forthwith, if :-
10.2.1. The User has breached CGWM’s security procedures in respect of the Service;
10.2.2. The User becomes bankrupt, insolvent or unable to pay its debts as they fall due;
10.2.3. An administrator, administrative receiver, receiver or manager or other similar officer is appointed over all or part of the User’s assets; and/or
10.2.5. The client’s main Agreement terminates for any reason.
11. Governing law
This agreement and such other associated terms and conditions as we may enter into with you are governed by and to be interpreted in accordance with the laws of England and Wales. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising in connection with these Terms and such other associated terms and conditions as we may enter into with you.

Terms & Conditions for Canaccord Genuity Wealth Management (International) 'CGWI'

This agreement is between the user (the "User"); and Canaccord Genuity Wealth Management (International) 'CGWI', whose registered office is Trafalgar Court, Admiral Park, St Peter Port, Guernsey, GY1 2JA.

WHEREAS
(A) CGWI has developed an online information service whereby its clients and representatives of its clients can access information over the internet;
(B) The User is a client of CGWI or has been given permission to view a client’s information and wishes to use CGWI’s online information service and CGWI is willing to grant the User use of such service in accordance with the provisions of this Agreement.
IT IS AGREED AS FOLLOWS:
1. Interpretation
In this Agreement:
(a) the headings are used for convenience only and shall not affect its interpretation;
(b) references to clauses shall mean clauses of this Agreement;
2. Definitions
In this Agreement, the following words shall have the following meanings:
"Client" means a person who has signed a CGWI Client Agreement from.
"Service" means internet access to the client’s valuation(s), statement(s) and other information which is held by the online information service.
"User ID" means any user identifications, passwords, authentication codes and other requirements that may be specified by CGWI from time to time to provide the User access to the Service.
3. The Service
3.1. The User hereby consents to the use of the Service.
3.2. The User acknowledges that the internet is not a secure means of communication and accepts the inherent security implications of passing information over the internet (including, without prejudice to the generality of the foregoing, confidentiality and reputational risks). Whilst CGWI will use reasonable endeavours to protect the integrity of the Service and the client’s confidential information, CGWI cannot guarantee the security of the Service or of any information disclosed online. Subject to clause 9, the User agrees that its use of the Service will be at its own risk.
3.3. The User hereby agrees to be bound by any instructions transmitted over the internet and validated by CGWI according to the security procedures used in connection therewith (as amended from time to time).
3.4. By accessing information the User hereby understands that the information may not be up-to-date.
3.5. The User hereby understands that when transmitting instructions over the internet they will not be actioned immediately and therefore time critical instructions such as dealing instructions should not be sent by this method.
3.6. CGWI gives no warranty and makes no representation as to the accuracy, adequacy, quality, or fitness for any particular purpose or use of the Service or the information available to the User through the Service or that the Service is free of viruses and other malicious code, or that the Service will be continuously available.
3.7. Any rights of access to the Service may not be assigned, licensed or otherwise transferred to any other person without the prior written consent of CGWI.
3.8. CGWI shall be entitled, at its discretion, to suspend the availability of the Service for such period or periods as it sees fit or to withdraw the Service in its entirety.
4. Basis of valuations
4.1. The User accepts that valuations are provided on the following basis:
4.1.1. That all prices and foreign exchange rates quoted are compiled using bid closing prices/rates;
4.1.2. That where certain up-to-date prices are not available, and where CGWI believes this to be in the interests of its clients, CGWI may use an estimated valuation price;
4.1.3. That if the investment is not listed or quoted and thus is not readily realisable, the value is determined by whatever method CGWI deems to be appropriate;
4.1.4. That book values shown are calculated on a pooled basis and are not necessarily the book cost for CGT;
4.1.5. That in instances where prices have been provided to CGWI by the Client or by an agent CGWI cannot guarantee the accuracy of such prices;
4.1.6. That prices, dividend/yield information are taken from an external provider and whilst CGWI will use reasonable endeavours to ensure that this information is correct and current, CGWI cannot guarantee its accuracy or that it is up-to-date.
4.1.7. That where clients have not taken the opportunity to use our full nominee and safe custody service, CGWI cannot guarantee the accuracy of valuations. The User accepts that such valuations are compiled for guidance only.
4.2. Investments should be considered to be held in the custody of Canaccord Genuity unless detailed otherwise. Accounts detailed as 'Ex Custody' in the 'Portfolio analysis' section are not held in Canaccord's custody.
5. Variation of the Service
5.1. The User agrees that the use of the Service shall be subject to:
5.1.1. This Agreement;
5.1.2. The terms and conditions displayed when accessing the Service from time to time;
5.2. The User hereby agrees that the terms and conditions contained in this Agreement and displayed when accessing the Service may be amended from time to time by CGWI through the Internet by means of "click acceptances" or any other form of digital signature and agrees to be bound thereby.
5.3. The User hereby acknowledges that it may be required periodically to accept updated user agreements and security procedures (including on-line agreements) to continue to use the Service.
5.4. CGWI reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Service at its sole discretion.
6. User IDs
6.1. The User shall be solely responsible for the use and safekeeping of User IDs and hereby agrees to keep all User IDs strictly confidential at all times and not to disclose them to any person without the written permission of CGWI.
6.2. The User and CGWI shall agree from time to time such further procedures as may be required to facilitate the operation of the Service.
7. Technical failures and security breaches
7.1. If the User is notified by CGWI or otherwise becomes aware of or suspects that a technical failure or security breach attributable to CGWI has occurred, the User shall immediately cease its use of the Service and, if the User becomes aware of or suspects such technical failure or security breach otherwise than by being notified by CGWI, the User shall contact CGWI immediately to inform them of such failure or breach; +44 (0)1481 733900 or CGWMGuernseyCS@canaccord.com.
7.2. If the User becomes aware of or suspects a breach of its own security measures to protect the confidentiality of the User ID or any failure by it to comply with agreed procedures or otherwise, it shall immediately notify CGWI of the same +44 (0)1481 733900 or CGWMGuernseyCSs@canaccord.com and CGWI shall be entitled to take such action to remedy such breach as it may in its absolute discretion think fit including (without prejudice to the generality of the foregoing) permanent or temporary cessation of the Service without recourse to or liability on the part of CGWI.
7.3. For the avoidance of doubt, the User shall be responsible for any loss, liability or cost which is attributable to the use of the User ID up to the point that the User has notified CGWI that the User ID has been lost or that its security has been compromised.
7.4. The User hereby confirms that it understands that CGWI reserves the right at all times to revoke the User ID at any time and for any reason without prior notice.
7.5. For the avoidance of doubt, CGWI shall not be responsible for any loss, costs or damages caused by any breach of security or any consequent or subsequent unauthorised transaction caused directly or indirectly by the User’s failure to maintain the confidentiality of any User ID.
8. Limitations of liability
8.1. CGWI shall have no liability for any direct loss, costs or damages incurred by the User except insofar as such loss, costs or damages are attributable to the gross negligence, wilful default or fraud of CGWI. In such cases, CGWI’s liability shall be limited to the replacement of securities or monies (including interest) lost or foregone as an immediate result of the CGWI’s action or failure to act.
8.2. CGWI shall have no liability for any indirect, special or consequential loss, costs or damages incurred by the User (whether notified to CGWI or not) as a result of the use of the Service howsoever caused (including, but not limited to, loss of profits, loss of sales, loss of turnover, loss of or damage to business, loss or corruption to data or business interruption).
8.3. The User will indemnify CGWI against any loss, liability and cost which CGWI may suffer or incur as a result of acting on any instruction which CGWI reasonably believes to have been approved by the client or given on the client’s behalf.
9. General
9.1. In agreeing to this Agreement you acknowledge that you have not relied on any representation, warranty or other assurances (except as set out in this Agreement), whether oral, written, express or implied.
9.2. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be affected or impaired.
10. Termination
10.1. Either party is entitled to terminate these arrangements by giving 7 days written notice to the other party, such notice to be served at the address which appears at the head of this Agreement, or as otherwise notified to the parties in writing from time to time.
10.2. CGWI reserves the right to terminate these arrangements forthwith, if :-
10.2.1. The User has breached CGWI’s security procedures in respect of the Service;
10.2.2. The User becomes bankrupt, insolvent or unable to pay its debts as they fall due;
10.2.3. An administrator, administrative receiver, receiver or manager or other similar officer is appointed over all or part of the User’s assets; and/or
10.2.5. The client’s main Agreement terminates for any reason.
11. Governing law
This agreement and such other associated terms and conditions as we may enter into with you are governed by and to be interpreted in accordance with the laws of Guernsey. The parties irrevocably agree that the Courts of the Island of Guernsey shall have exclusive jurisdiction to settle any dispute arising in connection with these Terms and such other associated terms and conditions as we may enter into with you.