TERMS AND CONDITIONS OF USE

This website is hosted and managed by The Stationery Office Limited of Aldgate Tower, 2 Leman Street, London, E1 8FA on behalf of The Financial Conduct Authority 25, The North Colonnade, Canary Wharf, London, E14 5HS.

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of the website www.handbook.fca.org.uk (the site), whether as a guest or a registered user. Use of the site includes accessing, browsing, or registering to use the site. Please read these terms of use carefully before you start to use the site and we recommend that you print a copy of this for future reference.

By using the site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the site.

OTHER APPLICABLE TERMS

  1. 1. These terms of use refer to the following additional terms, which also apply to your use of the site:
    1. 1.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
    2. 1.2 Our Cookie Policy, which sets out information about the cookies on the site.

INFORMATION ABOUT US

  1. 2. www.handbook.fca.org.uk is a site hosted and managed by The Stationery Office Limited (TSO), registered in England and Wales under company number 03049649 and with its registered office at Aldgate Tower, 2 Leman Street, London, E1 8FA.
  1. 3. The site is hosted and managed by TSO on behalf of The Financial Conduct Authority, registered in England and Wales under company number 01920623 and with its registered office at 25, The North Colonnade, Canary Wharf, London, E14 5HS.

CHANGES TO THESE TERMS

  1. 4. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

CHANGES TO OUR SITE

  1. 5. We may update the site from time to time, and may change the content at any time. However, please note that any of the content on the site may be out of date at any given time, and we are under no obligation to update it.

ACCESSING OUR SITE

  1. 6. The site is made available free of charge.
  1. 7. We do not guarantee that the site, or any content on it, will always be available or be uninterrupted. Access to the site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason the site is unavailable at any time or for any period.
  1. 8. You are responsible for making all arrangements necessary for you to have access to the site.
  1. 9. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

My FCA

  1. 10. 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.
  1. 11. 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.
  1. 12. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at fcahandbook@tso.co.uk

INTELLECTUAL PROPERTY RIGHTS

  1. 13. The Financial Conduct Authority owns the copyright and any other rights in all material on the site, other than any public sector information and third party stock images (such as photographs).
  1. 14. You may print and download extracts from this site on the following conditions:
    1. 14.1. the documents and related graphics on this site are for personal use or for use within an individual firm or organisation; any copies of these pages that you save to disk or to any other storage medium may (subject to the exception referred to at 14.4 below) only be used for subsequent personal viewing purposes or for viewing within the firm or organisation by which they were saved or stored;
    2. 14.2. any extracts which are printed may only be used for personal viewing or for viewing within the firm or organisation by which they were printed (subject only to the exception referred to at 14.4 below);
    3. 14.3. neither pages saved to disk or stored in any way, nor extracts printed, may (subject to the exception referred to at 14.4 below) be distributed to third parties or sold or otherwise circulated for profit;
    4. 14.4. the only permitted exception to the general rules stated in clauses 14.1 to 14.3 above is where extracts (of no more than a few relevant provisions) are copied to individual third parties incidental to advice or other activities;
    5. 14.5. no documents or related graphics on this site are to be modified in any way;
    6. 14.6. graphics on this site are not to be used separately from the accompanying text; and
    7. 14.7. the source of our material should be acknowledged in all copies, either by appropriate words or by adding the FCA copyright symbol (i.e. © Financial Conduct Authority).
  1. 15. You must not reproduce or store any part of this site in any other website or include it in any public or private electronic retrieval system or service, without our prior written permission.
  1. 16. Any rights not expressly granted in these terms are reserved.
  1. 17. The public sector information available on this site is licensed under the Open Government Licence v3.0.

NO RELIANCE ON INFORMATION

  1. 18. We try to ensure that the information on this site is correct, but we do not give any express or implied warranty as to its accuracy. We do not accept any liability for error or omission.
  1. 19. The definitive version of FCA Handbook text at any particular time is the version contained in the Instruments (including amending instruments) published on this site.
  1. 20. Part of this site contains 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.
  1. 21. The materials on this site do not constitute financial or other professional advice. You should consult your professional adviser if you require financial advice.
  1. 22. The site offers links to other sites that enable you to leave this site. We do not control external sites and we are not responsible for the contents of any linked site or any link in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site.

LIMITATION OF OUR LIABLITY

  1. 23. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
  1. 24. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the site or any content on it, whether express or implied.
  1. 25. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. 25.1. Use of, or inability to use, the site; or
    2. 25.2. Use of or reliance on any content displayed on the site.
  1. 26. If you are a business user, please note that in particular, we will not be liable for:
    1. 26.1. Loss of profits, sales, business, or revenue;
    2. 26.2. Business interruption;
    3. 26.3. Loss of anticipated savings;
    4. 26.4. Loss of business opportunity, goodwill or reputation; or
    5. 26.5. Any indirect or consequential loss or damage.
  1. 27. If you are a consumer user, please note that we only provide the site for domestic and private use. You agree not to use the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  1. 28. We will not be liable for any loss or damage caused by a virus, 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 to your downloading of any content on it, or on any website linked to it.
  1. 29. We assume no responsibility for the content of websites linked on the site. We will not be liable for any loss or damage that may arise from your use of them. Users link to any linked sites at their own risk.

VIRUSES

  1. 30. We do not guarantee that the site will be secure or free from bugs or viruses.
  1. 31. You are responsible for configuring your information technology, computer programmes and platform in order to access the site. You should use your own virus protection software.
  1. 32. You must not misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to our site. You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

  1. 33. You may link to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  1. 34. 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 and you must not use our logo or any trade mark as further described in clause 42.
  1. 35. You must not establish a link to the site in any website that is not owned by you.
  1. 36. The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.
  1. 37. We reserve the right to withdraw linking permission without notice.
  1. 38. If you wish to make any use of content on the site other than that set out above, please contact handbookproduction@fca.org.uk.

LICENCING FCA HANDBOOK CONTENT

  1. 39. If you would like to reproduce more than 20,000 words from the FCA Handbook you will need to apply for a Handbook Licence Agreement. Please refer to http://www.fca.org.uk/site-info/legal/licence for details of how to apply.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

  1. 40. Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW

  1. 41. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.
  1. 42. If you are a business, these terms of use, its subject matter and its 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.

TRADE MARKS

  1. 43. The trade marks, logos, names and images displayed on this website are the registered or unregistered trade marks of The Financial Conduct Authority, TSO and others. Nothing in this website should be taken as conferring by implication, estoppel or otherwise any licence or right to use any trade mark or logo displayed on this website without the prior written approval of The Financial Conduct Authority, TSO or such third party as may own the relevant trade mark.

Conformance claim dated: 29 August 2015