Terms of Use and Legal Notice
Terms of Use
By accessing any of Austen Morris Associates’ websites and mobile application, you agree to be bound by the following terms and conditions (“Terms”).
Revisions
We may modify or amend the Terms of Use from time to time. Any modifications to this Terms of Use Policy will be effective upon our posting the modified version. In all cases, your use of our services after the effective date of any modified Terms of Use Policy indicates your acknowledging that the modified Terms of Use Policy applies to your interactions with the services and our business. We do however encourage you to review our Terms of Use Policy periodically.
This version was last updated on 25th May 2024 and historic versions can be obtained by contacting us.
Other Agreements
If you are a client of Austen Morris Associates, your customer relationship with Austen Morris Associates is also governed by other agreements, including, without limitation, your individual account agreements. Austen Morris Associates may also offer other services from time-to-time that are governed by different or additional terms and conditions. Austen Morris Associates’ services are also subject to any disclosures, disclaimers, and consents associated with the services.
No Investment Advice or Recommendations
The Austen Morris Associates websites and mobile application and its content are provided for information and education purposes only. None of the information provided through the Austen Morris Associates websites and mobile applications constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information provided through the Austen Morris Associates websites and mobile application are your sole responsibility and at your own risk. Austen Morris Associates is not responsible for losses incurred on any investment and does not guarantee the suitability or potential value of any particular investment. Nothing on the Austen Morris Associates websites or mobile application shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instruments, or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Austen Morris Associates websites and mobile application are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek professional advice for their particular situation. In exchange for using the Austen Morris Associates websites and mobile application, you agree not to hold Austen Morris Associates or any third-party provider liable for any possible claim for damages arising from any decision you make based on information made available to you through the Austen Morris Associates websites or mobile application.
Information and Requirements
When you become a client of Austen Morris Associates, you agree to provide true, accurate, current and complete information. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Austen Morris Associates for any purpose.
Copyrights, Restrictions on Use of Materials
The contents of the Austen Morris Associates websites and mobile application are protected by copyright, trademark, and other proprietary rights laws. Austen Morris Associates owns or otherwise has the right to use all content on the Austen Morris Associates websites and mobile application. All trademarks, service marks, and trade names displayed on the Austen Morris Associates websites and mobile applications are proprietary to Austen Morris Associates, except those clearly identified with other persons, which are the property of their respective owners. You may not: (i) use the Austen Morris Associates websites or mobile application to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright or other right of any party or that violates these Terms and Conditions; (ii) without Austen Morris Associates’ express written permission, copy, modify, distribute, or display Austen Morris Associates’ name or logo, or any text, graphic images, or other content from the Austen Morris Associates web site or redeliver such content using framing or similar technology; (iii) use any device designed to provide repeated automated access to any Austen Morris Associates websites or mobile application other than those made generally available by Austen Morris Associates; (iv) include Austen Morris Associates, the name of any Austen Morris Associates personnel, or any variation thereof as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user or website and Austen Morris Associates; (v) collect or store personal data about other users of the Austen Morris Associates websites or mobile application; (vi) upload, e-mail or otherwise transmit to Austen Morris Associates or through the Austen Morris Associates websites, mobile application or any Austen Morris Associates computer network (a) any advertising, promotional, or other unauthorised communication, including without limitation, “junk mail,” surveys,” unsolicited e-mail, “spam, “chain letters,” or “pyramid schemes,” or (b) any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Austen Morris Associates or any third party; (vii) create a link to any Austen Morris Associates websites or mobile application without Austen Morris Associates’ express written permission.
You agree that Austen Morris Associates may, in its sole discretion and for any reason, terminate, modify, or suspend part or all of your access to, and any service provided through, the Austen Morris Associates websites or mobile application and delete any content transmitted to or through the Austen Morris Associates websites or mobile application at any time with or without prior notice and without liability to you or any third party.
Interactive Tools
The calculators and asset allocation planners on this site or mobile application are provided and maintained by Austen Morris Associates. These tools are designed to give you a point of reference when considering your own unique situation based on the information you provided to us and one of the many combinations of investments that may be appropriate for your situation. These tools may also provide limited financial forecasts, fund suggestions, and asset allocation suggestions, based on personal information you enter or selections that you make. These suggestions should not be considered investment advice or serve as the sole or primary basis for making investment decisions. Rather, they should be considered together with all other information you deem important in making your investment decisions. As time passes, or your financial situation changes, you must enter new information into the applicable financial tool to see how its suggestions change. Austen Morris Associates assumes no responsibility for reviewing your financial situation or for updating the suggestions made via these interactive calculators. The tax and legal information offered here is a summary of our understanding and interpretation of the current income tax regulations and is not exhaustive. Investors should consult their tax Adviser for advice and information concerning their particular situation.
Third-Party Content
Austen Morris Associates is in no way responsible for the content of any website or mobile application owned by a third party that may be linked to any Austen Morris Associates website or mobile application via hyperlink, whether such hyperlink is provided by Austen Morris Associates or by a third party. No judgement or warranty is made related to, and Austen Morris Associates takes no responsibility for, the accuracy, timeliness, or suitability of the content of any web site to which Austen Morris Associates may link, including information on the web site regarding Austen Morris Associates. By providing access to other websites, Austen Morris Associates is not recommending the purchase or sale of the stock issued by any company, nor is it endorsing services provided by any website’s sponsoring organisation. Austen Morris Associates also is not responsible for any content, including, without limitation, market data and information, appearing on any Austen Morris Associates web site where such content is provided by a third party. Third-party content is provided for information and education purposes only. Austen Morris Associates does not guarantee, and will not be liable for, the accuracy, results, completeness, correct sequencing, timeliness, delays, interruptions, or results of third-party content and is not obligated to update such content.
Monitoring of Websites and Mobile Application
Austen Morris Associates reserves the right but is not obligated, to monitor your use of the Austen Morris Associates websites and mobile application and any communications made by you related to such use. Austen Morris Associates assumes no liability related to its monitoring activities.
Indemnification
You hereby agree to indemnify and hold harmless Austen Morris Associates and its directors, officers, employees, vendors, contractors, licensors and agents, and any third party information or service provider, from and against any and all claims, losses, liabilities, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or related to your (i) breach of these Terms, (ii) violation of any person’s or entity’s rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights, (iii) violation of any applicable law, rule or regulation, or (iv) negligence, recklessness, or wilful act or omission.
Term and Termination
Either party may terminate these Terms at any time. Termination of these Terms shall not affect your legal obligations under any other agreement you have entered into with Austen Morris Associates. Without limiting any other provision in these Terms, Austen Morris Associates may also terminate these Terms and your right to use the Austen Morris Associates websites, Mobile Application and Austen Morris Associates services immediately without notice if, in Austen Morris Associates’ sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must destroy all materials obtained from this or any Austen Morris Associates websites, Mobile Application and all copies of those materials (except for any customer-account-related materials), whether or not they were made under these Terms.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Disclaimers
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION AND CONTENT OF THE AUSTEN MORRIS ASSOCIATES WEBSITES AND MOBILE APPLICATION IS FURNISHED “AS IS” AND “AS AVAILABLE” WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. AUSTEN MORRIS ASSOCIATES ALSO WILL NOT BE RESPONSIBLE FOR ANY AUSTEN MORRIS ASSOCIATES WEBSITES OR MOBILE APPLICATION RESPONSE TIME (THIS MAY BE DELAYED BY MARKET VOLATILITY, VOLUME, SYSTEM CAPACITY, OR OTHERWISE DELAYED) OR THE PERFORMANCE OF THE INTERNET).
Limitation of Liability
IN NO EVENT WILL AUSTEN MORRIS ASSOCIATES BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, CONTENT, OR SERVICES CONTAINED ON THE AUSTEN MORRIS ASSOCIATES WEBSITES OR MOBILE APPLICATION, EVEN IF AUSTEN MORRIS ASSOCIATES OR AN AUSTEN MORRIS ASSOCIATES-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS, CONTENT, OR SERVICES CONTAINED ON THE AUSTEN MORRIS ASSOCIATES WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR OTHERWISE. IN NO EVENT SHALL AUSTEN MORRIS ASSOCIATES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICABLE AUSTEN MORRIS ASSOCIATES WEBSITES OR MOBILE APPLICATION.