Terms and Conditions of Use of The Royal Bank of Scotland plc's Custom Indices Website
The Royal Bank of Scotland plc, is a member of The Royal Bank of Scotland Group (the RBS Group). For information about our Group of companies please visit www.rbs.com and click on 'About Us', or for similar enquiries please telephone 0345 7 24 24 24 or Minicom: 0800 404 6160 (if Overseas: +44 131 549 888.)
This website is owned and maintained by The Royal Bank of Scotland plc (RBS). The use of this website is subject to the following terms and conditions (the Terms) which you should read carefully. Access to this website is only granted to users who have read these Terms and acknowledge that they are non-U.S. persons. By clicking the acceptance button, you agree to be legally bound by these Terms. If you do not accept these Terms, you will not be permitted to use this website.
This website may contain indices designed and/or promoted by The Royal Bank of Scotland N.V. and indices designed and/or promoted by RBS from time to time.
The Royal Bank of Scotland plc is an authorised agent of The Royal Bank of Scotland N.V. (RBS NV) in certain jurisdictions.
Use of website
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 and indices 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 and indices 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 and indices 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. You should note that such information is marketing information only and is not intended to be, nor is it, an offer for sale or subscription of any securities. Notwithstanding Clause 8, if information relating to an offer is included on this website, the website will normally contain the relevant prospectus or other offering documents setting out the terms of the offer and the securities or links to and/or other information where the copy of the prospectus or other offering documents 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.
6. The indices described on this website may not be suitable or appropriate for all investors. Your particular needs, investment objectives and financial situation were not taken into account in the preparation of this website and the materials contained herein. You must make your own independent decisions regarding any indices mentioned herein. You should consider whether an index or investment strategy is suitable or appropriate for you in the light of your particular investment needs, objectives and financial circumstances. In that regard we urge you to consult with your investment, legal, accounting, tax and other advisors with respect to any investment in these indices.
Exclusion of liability
7. 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 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.
8. Nothing in these Terms shall exclude, limit or restrict our duties and liabilities to you under the regulatory system under the United Kingdom’s Financial Services and Markets Act 2000, or, to the extent we may not exclude, limit or restrict such duties under applicable law or regulation.
9. 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, completeness, currency, or quality as well as the availability at any time of the data and other information provided on the website. Any views, statements or representations provided for on this website do not necessarily reflect the opinion of the RBS Group. 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 updated, the access to it 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. We may discontinue production or updating of the website or any part of it without notice.
10. We accept no liability in 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 it or if the website is unavailable, the act or omission of any other party involved in making this website or the data contained therein available to you, or any other cause relating to your access to, inability to access, or use of the website (including interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorised access), whether or not the circumstances giving rise to such cause may have been within the control of the RBS Group or of any vendor providing software or services support. 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;
direct, special, incidental, consequential loss or damage, suffered or incurred or arising out of or in connection with your use of this website and these Terms, even if a member of the RBS Group or any other party has been advised of the possibility thereof.
11. 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 risks associated with 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.
12. 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. From time to time there may also be such other websites or resources (that are not part of the RBS Group) which contain links to this website with or without our permission. You acknowledge and agree that, as you have chosen to enter the linked or linking website we are not responsible for the availability of such external sites or resources and that such external sites or resources are not being made available on our behalf by the relevant provider (whether or not we have agreed to the existence of such links to our website), and that we 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, securities, 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, securities, goods or other materials or services available on such external websites or resources.
13. Unauthorized use of this website is strictly prohibited.
14. You, if you are (a) an agent acting on behalf of a governmental entity, represent that you have the authority to bind the principal and on behalf of such principal, or (b) a governmental entity using this website directly, in each case hereby represent, that the governmental entity has waived to the fullest extent permitted by applicable law, with respect to itself and its revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from (i) suit, (ii) jurisdiction of any court, (iii) relief by way of injunction, order for specific performance or for recovery of property, (iv) attachment of its assets (whether before or after judgment), and (v) execution or enforcement of any judgment to which it or its revenues or assets might otherwise be entitled in any suit, action or proceedings relating to any transaction that may be effected on any part of this website in the courts of any jurisdiction and has irrevocably agreed, to the extent permitted by applicable law, that it will not claim such immunity in any such suit, action, or proceeding.
15. 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.
16. We may use and share your information with other members of the RBS Group worldwide to help us and them:
assess financial and insurance risks;
develop customer relationships, services and systems;
prevent and detect crime;
Your information includes information about your transactions.
We may also disclose your information to third parties outside the RBS Group in certain circumstances, such as:
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 these Terms.
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.
USA Patriot Act
17. In response to the terrorist attacks on September 11, 2001, the U.S. Congress passed the USA PATRIOT Act. Parts of this Act apply to the financial services industry and require certain financial institutions to request specific information from foreign banks on a “certification” form. Also as part of the USA PATRIOT Act and to assist in the U.S. government’s fight against terrorist financing and money laundering, we and our affiliates are required to obtain and verify information about the identity of our clients. Because of this, when you open an account with us or our affiliates, you will be asked for information that will allow us or our affiliates to confirm your identity or the identity of your corporation, partnership or other entity. This process may include a request to see to your driver’s license, passport, corporate papers or other identifying documents.
18. 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.
19. 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.
20. 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.
21. 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. Access to the website or the retrieval of any information set out on the website by a user does not mean that the user becomes a client of any member of the RBS Group. In particular, you should obtain advice from a qualified expert before making any investment decision.
22. RBS, RBS NV or any affiliate may purchase or sell financial instruments or hold positions (long or short) which relate to or are derived from the indices described herein. This may affect the value of any instrument linked to the indices. The website does not take into account individual investment objectives, the financial situation or particular needs of any individual users. The indices described on this website may not be suitable as an investment strategy for every user. Further, the purchase of instruments linked to an index may entail risk. Information regarding the performance of an index always relates to the past. Any historic price development in respect of an index does not in any way provide a basis for the projection of the future performance and does not in any way constitute a guarantee of its future performance.
23. The levels and performance set out on this website in relation to a particular index may not reflect the levels and performance available in the respective market at the time a user intends to purchase or sell a particular instrument linked to that index.
24. RBS and RBS NV do not in any way provide any guarantee, recommendation, representation or warranty regarding a) the suitability of the indices presented on the website for the investor; b) the accounting or fiscal consequences of an investment in the presented indices; c) the future performance of any index and d) the notification of restrictions applicable to the users of the website in a timely and accurate manner.
25. Investors should consider all risks carefully prior to investing in any instruments linked to an index and should consult (as necessary) any independent financial advisers and legal, accounting, tax and other advisers with respect to any investment in an instrument linked to an index.
26. Access to the website or the retrieval of any information set out on the website by a user does not mean that the user becomes a client of either RBS or RBS NV. Further, RBS and RBS NV have no obligations or responsibilities towards any users of the website, in particular no information provision agreement will be concluded between either RBS or RBS NV and the user.
27. The Royal Bank of Scotland plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and 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.org.uk/register/ We may be contacted by email at the following address email@example.com.
Changes to website
29. 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.
30. 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.
32. Persons accessing this website from Australia should note that their access to, and use of, the information, services and indices 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 indices on this website in Australia where such prohibitions apply.
33. THE INFORMATION ON THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED FOR U.S. PERSONS. UNDER NO CIRCUMSTANCES SHALL THE INFORMATION ON THIS WEBSITE CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF ANY OFFER TO BUY ANY SECURITIES IN THE UNITED STATES OR ANY OTHER JURISDICTION IN WHICH SUCH OFFER, SOLICITATION OR SALE WOULD BE UNLAWFUL. SECURITIES OR FINANCIAL INSTRUMENTS LINKED TO ANY INDEX DESCRIBED ON THIS WEBSITE HAVE NOT BEEN OFFERED OR ISSUED IN THE UNITED STATES AND MAY NOT BE IN THE FUTURE. ISSUANCE IN THE UNITED STATES OF PARTICULAR SECURITIES OR FINANCIAL INSTRUMENTS LINKED TO ANY INDEX DESCRIBED ON THIS WEBSITE WILL BE SUBJECT TO LEGAL AND REGULATORY RESTRICTIONS.
34. THE INFORMATION CONTAINED ON THE WEBSITE MAY NOT BE FORWARDED OR DISTRIBUTED TO ANY U.S. PERSON AND MAY NOT BE REPRODUCED IN ANY MANNER WHATSOEVER. ANY FORWARDING, DISTRIBUTION OR REPRODUCTION OF SUCH INFORMATION IN WHOLE OR IN PART IS UNAUTHORISED. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN A VIOLATION OF THE SECURITIES ACT OF 1933, AS AMENDED OR THE APPLICABLE LAWS OF OTHER JURISDICTIONS.
35. By clicking on the appropriate accept button below and accessing the information on the website, you shall be deemed to have represented to us that you are not a U.S. person and are not located in the United States, its territories and possessions (including Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, Wake Island and the Northern Mariana Islands), any State of the United States or the District of Columbia and that you are otherwise authorised to receive the information referred to on the website.
36. The information on the website is presented, or otherwise approved for the purposes of section 21 of the Financial Services and Markets Act 2000 (FSMA), by RBS.
37. The FCA's website www.fca.gov.uk contains a wide range of information of specific relevance to investors and potential investors resident in the United Kingdom and provides access to the FCA register. Other entities referred to on this website may not be regulated by the FCA and may not have a place of business or provide services in the United Kingdom. As against such entities the regulatory regime governing an investor's rights may be different to that of the United Kingdom. Investors and potential investors may, however, be entitled to similar protection in the jurisdiction in which the relevant entity is organised or resident.
Other Important Information
38. 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 or any index or investment strategy, or a representation that any investment strategy or security is suitable for you. The information contained on the website may constitute the judgement of certain individuals.
39. 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.
40. 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.
41. 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 or any member of the RBS Group. In the event of any inconsistency between the information on the website regarding a particular index and the documents establishing the index, the documents establishing the index shall prevail. Any person at any time acquiring instruments linked to an index must do so only on the basis of such person's own judgement as to the merits of the suitability of the instruments and the index for its purposes and only on such information as is contained 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. In particular, RBS does not provide tax advice. Investors should consult their own tax advisors regarding the tax consequences of any instrument linked to an index described on the website. Levels and bases of taxation may change. The information is not tailored for any particular investor and does not constitute individual investment advice.
42. You should consider whether an instrument linked to an index is appropriate for you in the light of your particular investment needs, objectives and financial circumstances. Questions regarding the suitability of an investment for your specific financial and tax situation should be referred to your financial and tax advisers. Instruments linked to certain indices featured on the website may not be available or suitable to all persons.
43. Information in this website on past performance cannot be relied upon as a guide to future performance. The performance or level of any index mentioned in this website can fall as well as rise and an investor may get back less than he invested.
44. The purchase of an instrument linked to an index may entail risks. In particular, changes in (a) interest and exchange rates, (b) the credit of an issuer of a security and (c) the political and economic climate may have a negative effect on the value, performance or return of an index or an instrument linked to an index.
45. 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
46. If you are not satisfied with any of RBS' securities or services we have a complaint handling procedure that you can use to resolve such matters.
47. RBS is a member of The Financial Ombudsman Service. If you are still not satisfied after following RBS's procedures, you can ask the Ombudsman to review the complaint.
48. You can find out more about The Financial Ombudsman Service in a leaflet available from any branch or by telephoning RBS. Alternatively you can write to: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800.
49. In the event any provision of these Terms 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.
50. The Terms are governed by the laws of Scotland and any dispute regarding this website shall be subject to the exclusive jurisdiction of the Scottish courts.
51. The Royal Bank of Scotland plc, Registered in Scotland No SC083026. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB.
Notice to Customers
52. To help the UK and US governments 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.