Email Terms
General
The following terms and conditions outline the basis upon which we communicate by email. By communicating with us by email, you are taken to have accepted these terms and conditions. If you wish to object to any of these terms and conditions, you should not email us, and speak to your usual contact or the relevant office telephone number as noted on our website.
The issuing entity for each email is as noted on the relevant email footer (Issuing Entity). By ‘we and ‘us’ we mean the relevant Issuing Entity. By ‘Benchmark Capital’ we mean all or any direct and indirect subsidiary of Benchmark Capital Limited (as the context indicates).
We amend these terms and conditions from time to time. Every time you communicate with us by email, please check this page for the latest version.
Terms and conditions which apply to all countries
1. Confidentiality: The emails between us and you are, except where otherwise clearly indicated, confidential and for the intended addressee only. If sent to you in error, please notify us at enquiries@benchmarkcapital.co.uk and permanently delete the email forthwith from your system. Without the express prior written permission of Benchmark Capital, or if required by law, you must not copy, disclose, or act upon, an email from us.
2. Data protection and privacy: Please be aware that messages sent to and from our systems will be stored and processed, and may be monitored, for security purposes, to protect our business, and to ensure compliance with legal and regulatory obligations and our internal policies.
3. Licensing: Any information, products or services referred to in any email from us, are not directed at, or offered to, anyone in a country or state where: advertising, offering or selling by us is not allowed by law or regulation, or we would have to register or obtain a licence which we do not currently have. Distributing information in certain countries may be restricted by local law. As a result, you must be aware of, and keep to, any such restrictions.
4. Intellectual property: You acknowledge that we own or license all intellectual property rights in emails sent to you by us, and that we (and any person we have attributed authorship to) are the authors of such emails. Such rights are protected by laws and treaties around the world, and all such rights are reserved. You must not change or separate any sections of attachments or parts of such emails without prior agreement by us.
5. Market data: Where FTSE International Limited (“FTSE”) data is used, “FTSE” is a trade mark of the London Stock Exchange Group of companies and is used by FTSE International Limited under licence. All rights in the FTSE indices vest in FTSE and/or its licensors. Neither FTSE nor its licensors accept any liability for any errors or omissions in the FTSE indices or underlying data. No further distribution of FTSE data is permitted without FTSE’s express written consent.
6. Liability: Unless expressly stated, any email: is for information purposes only; is provided on an “AS IS” basis; is current at the date of issue (or as so marked) only; may contain information from third parties which we and the third party cannot be liable to you for; and is supplied without any warranties, guarantees or representations as to accuracy or completeness. Except in the event of our negligence, wilful default or fraud, or where imposed by law or regulation (including under the Financial Services and Markets Act 2000 and FCA Rules), we will not be liable to you for any loss arising from an email sent by us to you. Furthermore, except where expressly indicated or within an agreed mandate, nothing in any email from us constitutes legal, tax, accounting, investment or other advice. Accordingly, you must not rely upon it, and should obtain specific professional advice before acting.
7. Viruses: Although we have taken steps to try to ensure that emails we send are secure and free from viruses, emails are not a secure method of communication, can be intercepted and cannot be guaranteed to be error or virus free.
8. Law and jurisdiction:
1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).
2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
3. Language: English shall be the official language for all communications between us, although we may also communicate with you in other languages.
4. Other: Unless expressly indicated otherwise, all emails are subject to contract and email cannot be used for service of legal proceedings.
Country-specific terms and conditions
United Kingdom
1. Issuing Entity: Benchmark Capital Limited. Registered office: Broadlands Business Campus, Langhurstwood Road, Horsham, West Sussex, RH12 4QP. Registered in England, number 09404621.
2. UK regulation: Past performance is not a guide to future returns. You may not get back the amount originally invested, as the value of investments, and the income from them, can go down as well as up, and is not guaranteed. Exchange rate changes may also cause the value of overseas investments to rise or fall. Except where noted or otherwise clearly identifiable as a financial promotion, emails to you from us are not intended to be a recommendation, or an offer or solicitation for the purchase or sale of any financial instrument. Where noted or otherwise clearly identifiable as a financial promotion, an email from us may contain or constitute a financial promotion. Please read the warnings and terms and conditions on such promotions carefully, and do not consider the promotion if you cannot keep to its terms.
3. UK Client Terms of Business: If you are a client of ours, by communicating with us, you are taken to have accepted the Client Terms of Business as updated from time to time and available on request..
4. MPS Terms of Business: If you are a financial adviser, by communicating with us, you are taken to have accepted the Adviser Terms of Business for Model Portfolios on Third Party Platforms, as updated from time to time and available on request.