Terms Of Use
These Terms of Use (“Terms”) explain the basis on which Open Oceans Group (“we”, “our” or “Open Oceans Group”) provides, and you may use, the Open Oceans Group website and the pages within them (the “Site”), as updated from time to time. By continuing to do so, you indicate that you accept the Terms of Use and that you agree to abide by them so please read this document carefully before you start to use the Site. If you do not agree, please refrain from using our Site.
Information available from the Site
This Site contains public, restricted access and client login areas. Users of this Site may access these different areas, information and facilities depending on whether Open Oceans Group has accepted an application for basic or full registration on the Site:
- the service is open to all users over the age of 18, subject to the territorial limits set out below;
- access to the secure client login area, and the services described in it may be reached following successful completion of Open Oceans Group’s registration process including the use of two factor authentication, subject to these Terms of Use; and
- Open Oceans Group reserves certain functionality within the login area to those users who have been accepted as a client following successful completion of Open Oceans Group’s full registration and account opening requirements, subject to these Terms of Use and the relevant business terms.
Please note the basis on which research tools are provided and comply with our security requirements.The business terms applicable to the operation of your account with Open Oceans Group operate in conjunction with these Terms, although the former shall take precedence in the case of any conflict between them.
Open Oceans Group may update these Terms and our Privacy Notice, Cookie Policy and other policies set out on our Site from time to time, and you agree that you will be bound by the these published using the Site when you use the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of such changes. If you do not agree to such changes, you should stop using the Site.
Compliance
- This Site should not be regarded as an offer or solicitation to conduct designated investment business, as defined by the UK Financial Services and Markets Act 2000, in any jurisdiction other than the United Kingdom. Any research or other material on the following pages of this Site has been prepared for persons in the United Kingdom and is not intended for distribution or use outside the United Kingdom. Open Oceans Group may be prohibited or restricted by legislation or regulation in any other jurisdiction from directing or making this Site available to you. You should satisfy yourself before reading any research or other material that Open Oceans Group is permitted to provide it to you under relevant legislation and regulations. Open Oceans Group accepts no responsibility whatever for any failure by a person resident outside the United Kingdom to observe the foregoing.
- You understand that while you may be able to access certain research tools and reports through this Site, the availability of such information does not constitute a recommendation to buy, sell or otherwise trade all or any of the securities mentioned therein. Open Oceans Group accepts no fiduciary duties to the reader of such material and in communicating such research material is not acting in a fiduciary capacity. Neither Open Oceans Group nor any of its directors, officers, employees or agents shall have any liability, howsoever arising, for any error or incompleteness of fact or opinion in it or lack of care in its preparation or publication, provided that this shall not exclude liability to the extent that this is impermissible under the law relating to financial services. All statements and opinions are made as of the date on the face of the relevant research material and are not held out as applicable thereafter. Research recommendations are given in good faith but without legal responsibility and are subject to change without notice. You agree not to hold Open Oceans Group and/or any of its respective officers, employees, agents or affiliates liable for any investment decisions made by you arising from the use of the Site or its Content.
- Open Oceans Group, their directors, members, employees and members of their families may have positions in the securities or derivatives (including derivatives, options and warrants) thereof of covered companies referred to in research. As a result, investors should be aware that Open Oceans Group may have a conflict of interest that could affect the objectivity, independence and impartiality of its research. Investors should consider research as only a single factor in making their investment decision.
- Research material, where available, will carry the date of publication.
- Prices and other share information provided within this Site are supplied on a delayed basis.
Content, Use & Reproduction
- You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) which is protected by copyright and other intellectual property rights proprietary to Open Oceans Group and its licensors.
- No part of the Content may without the prior written permission of Open Oceans Group be permanently stored, reproduced or copied in any form or by means other than for the user’s legitimate, legal and reasonable internal business or personal purposes, provided that the user does not modify the paper or electronic copy and maintains all of the Open Oceans Group notices (such as all legal notices and disclaimers, copyright notices, trademark legends, or other proprietary rights).
- Distribution, reselling or reproduction of the Content is strictly prohibited. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part.
About this Site
- Open Oceans Group provides this Site for your information only. It reserves the right to withdraw or amend the Site without notice. Other than disclosures relating to Open Oceans Group, the information on this Site is based on current public information that it considers reliable. Open Oceans Group endeavours to correct any errors or omissions within its control as soon as it becomes aware of them, but it does not guarantee that the Site will be secure, accurate, error-free, uninterrupted or free of computer viruses or other harmful components and the Site should not be relied on as such.
- Open Oceans Group will not be liable for the consequences of any event beyond its reasonable control (including the electronic transmission of data, content, material and information over the internet and the interception or decryption of it by others) or for any damages resulting therefrom.
- The Site is provided without warranties or other assurances of any kind. To the fullest extent permitted by law, neither Open Oceans Group nor any other party involved in creating, producing or communicating the Site shall be liable for any loss or damage, whether reasonably foreseeable or not, resulting from the use of or inability to use it, including but not limited to interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, difficulties with two factor authentication or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorised access to Open Oceans Group’s records, programs or services.
- Nothing in these Terms of Use shall operate so as to exclude, limit or restrict Open Oceans Group’s liability for death or personal injury, for fraud or fraudulent misrepresentation, for damage suffered as a result of any breach of the conditions as to title and quiet enjoyment implied by English law, liability under the Consumer Rights Act 2015 or for any other liability the exclusion or limitation of which is not permitted by English law.
- Email messages sent via the public area of the Site are not secure. We urge you not to send emails to Open Oceans Group containing confidential information, or that relate to time-sensitive matters. You agree that you do so at your own risk and that you hold Open Oceans Group harmless from any loss that you may suffer as a result. An automated delivery receipt does not constitute acceptance of any email; we will only be deemed to have accepted an email if we either expressly reply to or act on your email.
- These Terms of Use and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England. If any provision shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
External Sites
- By accessing other websites through links provided by Open Oceans Group (be it a hypertext link or other referral device), you agree to the following terms and conditions:
- Should you access or view content on any website that is not provided by Open Oceans Group via the Site, you do so at your own risk. Open Oceans Group has no control over the content of an external website and is not responsible for it or any damages or losses that may arise from your use of it.
- The material available on external websites has been produced by independent providers that are not affiliated with Open Oceans Group and may not be regulated by the FCA. Any opinions or recommendations expressed on external sites are solely those of the independent providers and are not the opinions or recommendations of Open Oceans Group.
- You understand that while some of the linked websites may provide information and news stories about investments, the availability of such information does not constitute a recommendation to buy or sell or otherwise trade all or any of the securities discussed therein. You understand that you are responsible for your own investment decisions and you should seek your own professional advice as to the suitability of any investment mentioned in such information.
- You may not link to this Site without the prior written consent of Open Oceans Group, nor must the Site be framed on any other website. Open Oceans Group reserves the right to withdraw any linking permission without notice.
Data Protection
- Where you have provided personal information to us, Open Oceans Group shall at all times comply with the requirements of current data protection legislation. We only use your personal information in accordance with our Privacy Notice. Please take the time to read this, as it includes important terms which apply to you.
Corporate Information
For the purposes of S.21 Financial Services and Markets Act 2000 the Site have been approved by Open Oceans Group.
Open Oceans Group Ltd. is a registered company in England and Wales with company number 13857979. The registered office is located at 1 Mayfair Place, Devonshire House, London, England, W1J 8AP.
The FCA Register and the FCA Handbook of Rules and Guidance can be accessed at www.fca.org.uk.
Other Information
- In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, Open Oceans Group reserves the right to monitor all internet communications, including web and email traffic, into and out of its group company domains and/or systems. Monitoring includes checks for, but not limited to, viruses and other malignant codes, criminal activity and inappropriate, offensive or otherwise unacceptable use or content.
- Open Oceans Group reserves the right to cooperate fully with any investigation by national and international police, regulatory authorities and other officials, and reserves the right to disclose any personal data (including personal or private electronic communication transmitted on the Site and/or the App) to such officials to the extent requested by them in connection with any such investigation, or as otherwise required by law or regulation.
- Current tax levels and reliefs may change and the value of any relief depends on individual circumstances.
- We may assign or transfer our rights and/or obligations under these Terms on notice (which may be posted on the Site) to any other person or entity. You shall not assign or transfer all or any of your rights, benefits or obligations under these Terms.
