Terms and Conditions of Use

1. These terms of use (together with the documents referred to in it) apply to any individual or organisation (“You” / “Your”) using the website www.handbook.fca.org.uk (“Site”) or the application programming interface for accessing the FCA Handbook data (“API”), which is available at https://handbook.fca.org.uk/handbook-api (“API Portal”), as updated from time to time. 

2. This Site and the API are hosted and managed by FinregE ltd, of One Canada Square Canary Wharf, London E14 5AB, registered in England and Wales under company number 11139011, on behalf of the Financial Conduct Authority, company number 01920623, with its registered office at 12 Endeavour Square, London E20 1JN (“We” / “Our” / “Us”). Use of the Site includes accessing, browsing, or registering to use the Site. Use of the API includes accessing and interacting with the API, including making API Calls or accessing the API Data. 

Please read these terms of use carefully before You start to use the Site or API.

By using the Site or the API, You confirm that You accept these terms of use and You agree to comply with them. If You do not agree to these terms of use, You must not use the Site or the API.

Interpretation 

3. The following capitalised terms mean the following in these terms of use: 

• 3.1. API: the application programming interface for accessing the FCA Handbook data through the API Portal, as each may be updated from time to time by incorporation of a Maintenance Release. 

  3.2. API Call: each call from an API Receiver Application via the API to interact with the FCA Handbook.

  3.3. API Data: all data published or made available through the API, along with any related metadata.

  3.4. API Limits: the restrictions imposed by the FCA for accessing the API, which may be provided from time to time.

  3.5. API Portal: the API website found here: https://handbook.fca.org.uk/handbook-api.

  3.6. API Receiver Application: any application that You use to interact with the API.

  3.7. API Receiver System: the API Receiver Application, together with any other network and information systems (including any hardware, software and other infrastructure) and processes operated by You or on Your behalf that is used to access the API, make an API Call or otherwise communicate or interact with the Site. 

  3.8. API Token: the unique identifier the FCA makes available for You to access the API.

  3.9. Data Protection Legislation: United Kingdom data protection legislation and any other European Union or other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and relevant guidance and codes of practice issued by the relevant data protection or supervisory authority. 

  3.10. Derived Data: data created by You or an End User, now or in future, which has benefited from, derived from, relied on or made any use of, the API or API Data (including, without limitation, where You or the End User has created data by modifying, re-formatting, analysing or performing searches, look-ups and/or enquiries using the API or API Data).

  3.11. End Users: any individuals (such as Your employees, contractors, or agents) whom You permit or enable to use or access the API with Your API Token.

  3.12. Instrument: a legal instrument through which We make and publish changes to the rules in the FCA Handbook and the Technical Standards (ie, regulations (binding standards adopted by the European Commission) that became UK law at the end of the transition period, or instruments made under powers for the FCA transferred by regulations made under the European Union (Withdrawal) Act 2018). 

  3.13. Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

  3.14. Maintenance Release: release of change to the API that corrects faults, adds functionality or otherwise amends or upgrades the API, but which does not constitute a New Version.

  3.15. New Version: any new version of the API which from time to time is made available by the FCA and replaces the existing version.

  3.16. Site: the website www.handbook.fca.org.uk on which the FCA Handbook is published. 

  3.17. Username: email address inserted at the point of registration for the API. 

  3.18. Virus: any thing or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

  3.19. Vulnerability: a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.

There are other terms that apply to You

4. These additional terms apply to Your use of the Site:

• 4.1. Our Privacy Policy, which explains how We collect, use and store Your personal data. By using the Site or the API, You consent to such processing and You warrant that all data provided by You is accurate.

  4.2. Our Cookie Policy, which sets out information about the cookies on the Site and the API.

Changes to these terms

5. We may amend these terms at any time. Please check this page from time to time to review any changes We make, as they are binding on You.

Changes to Our Site and API

6. We may change the Site and its contents, or the API and the API Data, from time to time without notice. Updates to the API may be in the form of a New Version or a Maintenance Release.

Accessing Our Site and API

7. The Site and the API are made available free of charge.

8. We do not guarantee that the Site, or any content on it, or the API or the API Data, will always be available or uninterrupted. We may suspend, withdraw or discontinue any part of the Site or the API without notice. We will not be liable to You if for any reason the Site or the API is unavailable at any time or for any period.

9. You are responsible for making all arrangements necessary for You to have access to the Site and the API.

10. You are responsible for ensuring that all persons who access the Site or the API through Your internet connection or an internet connection provided by You are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Arrangements for accessing the API

11. The API is accessed by a unique API Token which We will provide to You.

12. When accessing the API, You shall be solely responsible for:

• 12.1. the operation and security of the API Receiver Application and API Receiver System;

  12.2. making any changes to the API Receiver Application which are required for integration as a result of a Maintenance Release, at Your sole cost and as soon as reasonably practicable after receipt;

  12.3. procuring, maintaining and securing any network connections and telecommunications links from the API Receiver System and the API Receiver Application to the API; and 

  12.4. all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet. 

13. We shall have the right at any time upon notice to You to revoke Your access to the API. If We do so: 

• 13.1. any rights granted to You under these terms shall cease;

  13.2. You shall cease to use the API;

  13.3. You shall at Our request immediately delete all copies of the API and/or the API Data then in Your possession, custody or control; and 

  13.4. revocation of Your access to the API shall not affect any provisions of these terms which expressly or by implication are intended to come into or continue in force on or after such revocation. 

Using the API

14. When You make calls to the API, You must: 

• 14.1. use the designated API Token We make available to You and Your Username as Your sole means of accessing the API; 

  14.2. ensure all API Calls made by You or by End Users comply with the API Limits; 

  14.3. comply with any restrictions provided or published by Us from time to time on the API Portal; and

  14.4. comply with all applicable laws and regulations with respect to Your activities in using the API.

15. In Your use of the API, You must take reasonable steps to: 

• 15.1. secure the API, API Data, and API Token (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access; and 

  15.2. prevent the introduction of any Virus or Vulnerability into Our network and information systems. 

16. You must notify Us if: 

• 16.1. You become aware of any infringement of any Intellectual Property Rights in the API and/or the API Data; or 

  16.2. You become aware of any unauthorised use of the API or the API Data by any person.

17. You must not cloak or conceal Your identity or the identity of the application You are using to interact with the API when requesting authorisation to use the API or making an API Call.

18. We or Our licensors shall own all Intellectual Property Rights in the API and the API Data, and You shall have no rights in or to the same other than the right to use it in accordance with clause 25 of these terms. 

19. Subject to clause 18, You shall own all Intellectual Property Rights in Derived Data. 

Online Subscribers

20. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We also recommend that You log out of Your account once you have completed Your transaction or enquiry especially if You are using a shared computer.

21. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these terms of use.

22. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us at [email protected].

Copyright Notice

23. The Site includes material:

• 23.1. re-used or adapted under the Open Government Licence v 3.0;

  23.2. re-used or adapted from EUR-Lex under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence; and 

  23.3. drafted using material downloaded from the website of the European Securities and Markets Authority (“ESMA”) and re-used and adapted under the terms of ESMA’s copyright notice.

24. We, or Our licensors own the copyright and any other Intellectual Property Rights in all material on the Site, other than any Parliamentary material, third party stock images (such as photographs) and other material as indicated at clause 23.

25. You may use the information on the Site or the API in accordance with the terms of the Open Government Licence v3.0. 

26. The source of Our material should be acknowledged in all copies, either by appropriate words or by adding the FCA copyright symbol (i.e. © FCA).

Disclaimer

27. The definitive version of FCA Handbook text at any particular time is the version contained in the Instruments published on this Site.

28. We take reasonable steps to ensure that the information on the Site is correct, but We do not give any express or implied warranty as to its accuracy. We do not accept liability for any error or omission.

29. The Site, API and the API Data are provided to You on an “as is” basis and We make no commitment that Your use of the API will meet Your requirements. 

30. You are solely responsible for results obtained from Your use of the Site, API and/or the API Data, and for conclusions drawn from such use and from any Derived Data. 

31. The materials on this Site and the API do not constitute financial or other professional advice. You should consult Your professional adviser if You require financial advice.

32. We are not responsible for webcasting or any other form of transmission received from any linked site.

33. We do not guarantee that the Site, the API, or the API Data will be secure or free from Vulnerabilities or Viruses.

34. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms. 

35. You will not:

• 35.1. violate the security of the Site or the API nor attempt to gain unauthorised access to the Site or the API, data, materials, information, computer systems or networks connected to any server associated with the Site or the API, through hacking, password mining or any other means;

  35.2. take nor attempt any action that, in Our sole discretion, imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure or the API;

  35.3. use nor attempt to use any “scraper”, “robot”, “bot”, “spider”, “data mining”, “crawler”, “computer code”, or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the website, any data or content found on or accessed through the Site without Our prior written consent, other than by access to the API Data through the API;

  35.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

Limitation of Our liability

36. To the fullest extent permitted by law, We are not liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any material contained in it or the API, or from any action or decision taken as a result of using the Site or the API or any such material.

37. We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity relating to your use, or inability to use, the Site or the API.

38. We will not be liable for any loss or damage that may arise from Your use of third-party links on the Site or the API. You link to any linked sites at Your own risk.

39. In relation to Your use of the API, You will be responsible and liable for: 

• 39.1. all use of the API resulting from access provided by You, directly or indirectly, whether such access or use is permitted by or is in breach of these terms, including use with any API Receiver Application or third-party software; and

  39.2. all acts and omissions of End Users in connection with the API Receiver Application and their use of the API and API Data, and any act or omission by an End User that would constitute a breach of these terms. 

40. You shall make reasonable efforts to make all End Users aware of these terms’ provisions applying to such End Users and shall ensure that End Users comply with such provisions. 

Trade marks

41. You may not use the Financial Conduct Authority’s or any third party’s name, logo or any other identifying mark on this Site for any purpose.

Viruses

42. We do not guarantee that the Site or the API will be secure or free from Viruses or Vulnerabilities.

43. We will not be liable for any loss or damage caused by a Virus, Vulnerability, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or the API or to Your downloading of any content on it, or on any website linked to it.

44. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site or the API. You should use Your own virus protection software.

45. You must not misuse the site by knowingly introducing Viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

Linking to our site

46. You may link to the Site, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

47. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

48. You must not establish a link to the Site in any website that is not owned by You.

49. The Site must not be framed on any other Site.

50. We reserve the right to withdraw linking permission without notice.

51. If You wish to make any use of content on the Site other than as set out in these terms of use, please contact [email protected].

Third party links and resources in our site

52. Part of this Site may contain material sent to Us by third parties. These third parties are responsible for ensuring that the material they submit to Us complies with national and relevant foreign law. We are not responsible for any error, omission or inaccuracy in the material. We reserve the right to omit, suspend or edit any material submitted.

53. We are not responsible for any third parties We link to on the Site (with the exception of links to fca.org.uk and subdomains). Any links provided by third parties should not be interpreted as approval by Us of those linked websites or information You may obtain from them and We are not responsible for the operation of any such links.

Applicable law

54. If You are a consumer, these terms of use, their subject matter and their formation are governed by English law and the courts of England and Wales have non-exclusive jurisdiction. 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.

55. If You are a business, these terms of use, their subject matter and their formation, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms of use or with their subject matter or formation are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.