This acceptable use policy sets out the terms between you and us under which you may access our Killik & Co websites, www.killik.com & www.MyKillik.com (our sites) or mobile application (“App”). This acceptable use policy applies to all users of, and visitors to, our sites. You should read this policy carefully and if you don’t wish to be bound by these, please do not use our websites or download our App.

Your use of our sites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions (the “Terms”) and our Privacy Policy.

Information about us

The Killik & Co websites and App are run by Killik & Co LLP and we are authorised and regulated by the Financial Conduct Authority (our reference number is 462016). Our registered office is at 46 Grosvenor Street, London W1K 3HN, (with registration number OC325132). A list of Partners is available on request.

Our trustee services are provided by Killik & Co Trustees Limited which is registered in England and Wales No 3929253. Registered office: 46 Grosvenor Street, London, W1K 3HN. Killik & Co Trustees Limited is wholly owned by Killik & Co LLP.

Changes to website terms

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our sites

Content on our websites

We make reasonable efforts to update the content on our websites and App, however either or both may be out of date at any given time. We are under no obligation to update our content and we make no representations, warranties or guarantees that the content on our websites or App is accurate, complete or up-to-date. Any opinion expressed is based on our judgement at the time of writing and is subject to change without notice.

Content and Advice

Our websites contain content that is for general information only and is not intended to be advice to you

Accessing your account online or via the App

If you are a Killik & Co client, you can access your Killik & Co account online or via the App and see details of your investments maintained on the MyKillik system.  You agree only to access or attempt to access the Service whilst you remain a client of Killik & Co. You warrant that all persons whom you propose as authorised users while accessing or attempting to access the Service will comply with this paragraph. Once you have set your password, it is your sole responsibility to ensure that the password is not disclosed or otherwise made available to any third party other than other authorised users representing you. To avoid accidental disclosure, passwords should not be recorded in any form by which it could be recognised as being a password by any other person. If you or any authorised user representing you becomes aware that the password has been disclosed to or is known by any other person, you must notify us immediately. Your access to the Service will be suspended until we have reset your password.

Market Data

All market data shown on the websites or App is provided by Interactive Data. The data is indicative and for your general information and use. Neither Killik & Co nor Interactive Data accept any responsibility for the accuracy or for any use to which the data may be put. All share prices and market indexes are delayed at least 15 minutes. 52 week high and low values are calculated from close price data.

Viruses, errors or omissions

We try to ensure that our websites and App are as good as we can make them, but we don’t guarantee that our websites, our App or any content on either will be free from errors or omissions.

Additionally, we don’t guarantee that our websites or App will be secure or free from bugs or viruses. We recommend that you use your own virus protection software.

Accessing our websites and downloading our App

Accessing our websites and downloading our App are both free of charge. We cannot guarantee that they will always be available or be uninterrupted. We may suspend, restrict, withdraw or change any part of our websites or App without notice.

Our websites and App are for people residing in the United Kingdom and so they are not appropriate for people in other locations. If you choose to access our websites or download our App from outside the United Kingdom, you do so at your own risk.

 

Intellectual property rights

We own (or are licenced to use) all of the intellectual property rights in our websites and App, and in the content published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our websites or App or any content on either, whether express or implied.

We will not be liable to you 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:

(a) your use of, or inability to use, our websites or App;

(b) your use of, or reliance on, any content displayed on our websites or App;

(c) your use of any links to other websites contained in our websites or App; or

(d) any virus, distributed denial-of-service attack or other technologically harmful material due to your use (in any way) of our websites or App.

We only provide our websites and App for domestic and private use. You agree not to use our websites or App 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.

Misuse our websites

You must not misuse our websites or App by knowingly introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites or App, the server on which our websites or App is stored or any server, computer or database connected to our websites or App.

You must not attack our websites or App 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 websites and App will cease immediately.

Prohibited uses

You may use our sites only for lawful purposes.

You may not use our sites

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (See Content Standards below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of our Terms & Conditions or Privacy Policy.
• Not to access without authority, interfere with, damage or disrupt:
­ any part of our sites;
­ – any equipment or network on which our sites are stored;
­ – any software used in the provision of our sites; or
­ – any equipment or network or software owned or used by any third party.

Use of and linking to our websites

You may only use our websites and App for lawful purposes. You may link to the homepage of our websites or to our App page in the relevant app store, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it and that does not suggest any form of association or endorsement on our part where none exists. We may withdraw this linking permission without notice.

Content standards

These content standards apply to any and all material which you contribute to our sites (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our sites.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our sites.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Third party links and resources in our sites

Our websites and App may contain links to other websites and resources provided by third parties. These links are provided for your information only and we have no control over the contents of those websites or resources.