Terms and Conditions of Use of The Royal Bank of Scotland plc's Structured Investor Products Internet Web Site
1 The information provided on this website or in any communication containing a link to this site is for personal use and informational purposes only and the contents have not been prepared with any specific investment objective, financial situation or particular need of any specific recipient in mind. The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction in any country where such distribution or use would be contrary to law or regulation or which would subject any member of the RBS Group to any registration requirement within such jurisdiction or country. Where any opinions are expressed on this website, they are provided by the RBS Group for personal use and for informational purposes only.
2 The distribution of material on this website may be restricted by the laws or regulations of the country from which you are accessing this website. Where such restrictions exist persons accessing this website must inform themselves about, and observe, any such restrictions.
3 The services, products and securities referred to on this website are intended for use by residents of the country specified on the relevant product page as being the jurisdiction in which such services, products and securities are being offered, and are not aimed at or intended for use by residents of any other jurisdiction. Residents of other jurisdictions should not act on anything in this website. In particular, but without limitation, the services, products and securities referred to on this website are not being offered and are not otherwise available in the United States of America or to U.S. persons.
4 Information on this website may constitute a financial promotion or marketing communication. Where any information on this website constitutes a financial promotion or marketing communication, such information is issued and approved for distribution and use in the European Union by The Royal Bank of Scotland plc. Where any information on this website relates to an offer of securities, you should note that that information is marketing information only and is not intended to be, nor is it, an offer for sale or subscription of those securities. Notwithstanding Clause 8, if information relating to an offer is included on this website, the website will normally contain the relevant prospectus setting out the terms of the offer and the securities or links to and/or other information where the copy of the prospectus is made available.
5 This website is designed to be accessed through its principal home pages and such other pages as we may decide. If you access the site through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to information on this website. You will be referred on certain site pages to read "Legal information". This Important Information will contain important details and relevant legal or regulatory information and should be read in conjunction with the relevant site pages.
Exclusion of liability
6 These 'Exclusion of Liability' provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this website. Nothing in these terms and conditions and in particular within the 'Exclusion of Liability' clauses shall attempt to exclude liability to the extent it is not permissible under applicable law, including without limitation, for death or personal injury, or for fraudulent misrepresentation.
7 Nothing in these terms and conditions shall exclude, limit or restrict our duties and liabilities to you under the United Kingdom's Financial Services and Markets Act 2000, or under any conduct of business or other rules made by the UK's Financial Conduct Authority under that Act and directly applicable European Union Directives and Regulations with which we are bound to comply.
8 We have taken reasonable steps to ensure the accuracy and completeness of the content of the website, including the opinions, charts, indicative rates, calculation tools and reports contained in it. This information has been compiled or arrived at by RBS from sources we believe to be reliable. However, as RBS will not always control these sources of information, we cannot guarantee their accuracy or completeness. We exclude any warranties, undertakings or representations (either express or implied) to the fullest extent permitted under applicable law, that the website, including, without limitation, the functions contained in it, will be uninterrupted or error-free, that defects will be corrected, or that all or any part of the content or materials or the accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use in any jurisdiction. If you use this website from other jurisdictions, you are responsible for complying with applicable local laws.
9 We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:
- economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
- loss of goodwill or reputation;
- special, incidental, consequential loss or damage, suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.
10 Access to and use of this website is at the user's own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.
11 To provide increased value to users of this website, we may provide links to other websites or resources (that are not part of the RBS Group) for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and shall not be responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use that others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
12 The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
13 We may use and share your information with other members of the Group to help us and them
- assess financial and insurance risks;
- recover debt;
- develop customer relationships, services and systems;
- prevent and detect crime;
Your information includes information about your transactions.
We do not disclose your information to anyone outside the Group except:
- where we have your permission; or
- where we are required or permitted to do so by law; or
- to other companies who provide a service to us or you where we may transfer rights and obligations under this agreement.
From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.
If you would like a copy of the information we hold about you, please write to: The Royal Bank of Scotland plc, 36 St Andrew Square, Edinburgh, EH2 2YB. A fee may be payable.
14 All intellectual property rights in any part of the world which subsist in the contents of this website and which belong to The Royal Bank of Scotland Group plc or another member of the RBS Group are, save as expressly granted, hereby reserved.
15 The contents of this website are protected by copyright. Except as expressly granted, these copyrights belong to The Royal Bank of Scotland Group plc or another member of the RBS Group and are protected with effect from 2008. Reproduction in any form of any part of the contents of this website without our prior written consent is prohibited, except for single copies of extracts solely for personal non-commercial purposes.
16 This website contains numerous registered and unregistered trade marks belonging to The Royal Bank of Scotland Group plc and other companies in the RBS Group. These trade marks include, but are not limited to, 'The Royal Bank of Scotland' logo, 'The Royal Bank of Scotland' and 'RBS'. If you are in doubt as to whether an item is a trade mark of The Royal Bank of Scotland Group plc or a member of the RBS Group, please contact us for clarification at the registered office address below.
17 The contents of this website are not intended to, nor do they, provide any financial, investment or professional advice and nothing on the pages of this website shall be regarded as an offer or provision of financial, investment or other professional advice in any way. In particular, you should obtain advice from a qualified expert before making any investment decision.
18 RBS is authorised and regulated by the Prudential Regulation Authority. The Bank is entered in the FCA's Register and its Register number is 114724. The FCA's Register can be accessed at www.fca.gov.uk/register/. The Bank's registered VAT number is GB 243852752. We may be contacted by email at the following address firstname.lastname@example.org.
Changes to website
19 The contents of this website, including these terms and conditions of use, are subject to change by us without notification and the RBS Group shall not be obliged to remove any outdated information from the website or to expressly mark it as being outdated. You are reminded that the contents of this website should not be relied upon as up to date or current and should not be used in substitution for the exercise of independent judgement. You should read and consider carefully any disclosures or disclaimers made within this website.
20 You, and any person connected to or representing you, accept that all communications (including telephone conversations) between us may be recorded by us. Such recording will be our sole property, and will in the absence of manifest error be conclusive evidence of the communications recorded and may be used as evidence in event of a dispute. If you have made similar recordings they will be accorded similar status.
21 In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, the RBS Group reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to; viruses and other malignant code, criminal activity, and use or content which is unauthorised as being in breach of the RBS Group Dignity at Work and Information Security policies.
24 Persons accessing this website from Australia should note that their access to, and use of, the information, services and products on this website may be prohibited under the Australian Corporations Act 2001 or authorised under RBS' Australian Financial Services Licence. Nothing contained in this website should be interpreted as an authorisation to access or use the information, services or products on this website in Australia where such prohibition apply.
Other Important Information
25 The information, and any opinion contained in this website does not constitute a public offer under any applicable legislation or an offer to sell or solicitation or an offer to buy any securities or financial instruments or any advice or recommendation with respect to such securities or other financial instruments.
26 This website contains certain "forward looking statements" which can be identified by the use of forward-looking terminology such as "expect", "estimate", "project", "anticipate", "should", "intend", "plan", "probability", "target", "goal", "objective", "will", "endeavour", "outlook", "optimistic", "prospects" and similar expressions or variations on such expressions.
27 Factors that could cause actual results to differ materially from those estimated by the forward-looking statements contained in this website include, but are not limited to, general economic conditions in the UK and in other countries in which the RBS Group has significant business activities or investments, including in the United States; the monetary and interest rate policies of the Bank of England, the Board of Governors of the Federal Reserve System and other G-7 central banks; unanticipated turbulence in interest rates, foreign currency exchange rates, commodity prices or equity prices; changes in UK or foreign laws, regulations or taxes; changes in competition or pricing environments; natural and other disasters; the inability to hedge certain risks economically; the adequacy of loss reserves; acquisitions or restructurings; technology changes; changes in consumer spending and saving habits; and the success of the RBS Group in managing the risks involved in the foregoing. The risks and uncertainties are discussed in the RBS Group's SEC filings. The forward-looking statements contained in this website speak only as of the date of the related document, and the RBS Group does not undertake to update any forward looking statement to reflect events or circumstances after the date hereof.
28 The information contained in this website is subject to, and must be read in conjunction with, all other publicly available information, including, where relevant any fuller disclosure document published by RBS. Any person at any time acquiring the securities must do so only on the basis of such person's own judgement as to the merits of the suitability of the securities for its purposes and only on such information as is contained such in public information having taken all such professional or other advice as it considers necessary or appropriate in the circumstances and not in reliance on the information contained herein. The information is not tailored for any particular investor and does not constitute individual investment advice.
29 Information in this website relating to the price at which investments have been bought or sold in the past or the yield on investments cannot be relied upon as a guide to future performance.
30 The financial information published or to be published on this website, or made available or to be made available through this website, is compiled and placed on this website with the greatest of care. Nevertheless, only the original hard-copy English versions of this information shall be regarded as the original version. No rights may be derived from financial information published or to be published on this website, or available or to be made available through this website, including with regard to its accuracy and completeness.
United Kingdom Regulatory Information
31 RBS subscribes to the Lending Code. The Code can be found at www.lendingstandardsboard.org.uk.
32 If you are not satisfied with any of RBS' products or services we have a complaint handling procedure that you can use to resolve such matters.
The Bank is a member of The Financial Ombudsman Service. If you are still not satisfied after following the Bank's procedures, you can ask the Ombudsman to review the complaint.
You can find out more about The Financial Ombudsman Service in a leaflet available from any branch or by telephoning the Bank. Alternatively you can write to: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800.
33 In the event any provision of these terms and conditions of use and access of this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision.
34 The terms and conditions of use of this website are governed by the laws of Scotland and any dispute regarding this website shall be subject to the exclusive jurisdiction of the Scottish courts.
35 The Royal Bank of Scotland plc, Registered in Scotland No SC083026. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB.
Notice to Customers
36 To help the government fight the funding of terrorism and money laundering activities, all financial institutions are required by law to obtain, verify and record information that identifies each individual or entity that opens an account.
- a resident of the United Kingdom
- not a US resident
- not a US person and
- accept the above terms and conditions"