Terms and Conditions of Use of The Royal Bank of Scotland plc's Structured Investor Products Internet Web Site
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 0131 556 8555 or Textphone 0845 900 5960.
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. By using this website you agree to be
legally bound by these Terms. If you do not accept these Terms, please
do not use this website.
This website contains products that are issued and promoted by RBS.
The Royal Bank of Scotland plc is an authorised agent of The Royal Bank of Scotland N.V. (RBS N.V.) 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, 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 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 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.
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 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 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.
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, 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. Any price
information is indicative and may be presented temporally delayed. 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.
9. 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;
- 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.
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 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.
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.
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, 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.
Personal Data
13. 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;
- recover debt;
- 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 this agreement
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.
Intellectual Property
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.
Copyright
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.
Trade marks
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.
Advice
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. 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.
18. RBS or any affiliate may purchase or sell
financial instruments or hold positions (long or short) which relate to
or are derived from the products described herein. This may affect the
value of the products. The website does not take into account individual
investment objectives, the financial situation or particular needs of
any individual users. The securities and financial instruments described
on this website may not be suitable as an investment instrument for
every user. Further, the purchase of these instruments may entail risk.
Information regarding the performance of a security or financial
instrument or of an underlying always relates to the past. Any historic
price development in respect of a security or financial instrument or of
an underlying 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 their future performance and price development.
19. The values and prices set out on this website in
relation to a particular security or financial instrument or of an
underlying may not reflect the value or price available in the
respective market at the time a user intends to purchase or sell a
particular security or currency. Values and prices set out on this
website do not take into account the size of a transaction.
Consequently, the size of an ascertained transaction may result in
differing values and prices.
20. RBS does not in any way provide any guarantee,
recommendation, representation or warranty regarding a) the suitability
of the securities or other financial instruments presented on the
website for the investor; b) the accounting or fiscal consequences of an
investment in the presented securities or financial instruments; c) the
future performance of any underlyings, securities or financial
instruments as well as d) the notification of limits to the users of the
website in a timely and accurate manner.
21. Investors should consider all risks carefully
prior to investing in any securities or financial instruments and should
consult (as necessary) any independent financial advisers and legal,
accounting, tax and other advisers with respect to any investment in the
securities.
22. 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 RBS. Further, RBS has no obligations or
responsibilities towards any users of the website, in particular no
information provision agreement will be concluded between either RBS and
the user.
Regulatory Information
23. RBS is authorised and regulated by the Financial
Services Authority. RBS is entered in the FSA's Register and its
Register number is 121882. The FSA's Register can be accessed at www.fsa.gov.uk/register/. The Bank's registered VAT number is GB 243852752. We may be contacted by email at the following address markets.uk@rbs.com.
Changes to website
24. The contents of this website, including these
Terms 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.
Telephone Calls
25. 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.
Internet communications
26. 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.
27. A 'cookie' is information that a website stores
on your computer so that it can remember something about you at a later
time. Cookies are commonly used on the Internet and do not harm your
computer. The cookies on this website are used in conjunction with SSL
for the purpose of authentication and authorisation. Cookies are also
used to record the user's access configuration and preferences and to
act as a flag to help us recognise when we have already asked you to
participate in any on-line market research and to prevent you from being
asked to complete the same questionnaire every time that you visit this
website. They do not include any personal information that others could
read and understand about you, such as your name or account numbers. If
you do not want us to use cookies when you visit this website, you can
configure your browser not to accept them or opt-out. Please refer to
your browser's help facility for further information. Please note, the
use of cookies is fundamental to the operation of this website, and that
opting out or refusal to accept cookies may affect its operation.
Australian Residents
28. 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.
United States
29. UNDER NO CIRCUMSTANCES SHALL THE INFORMATION ON
THE WEBSITE CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER
TO BUY NOR SHALL THERE BE ANY SALE OF THESE SECURITIES IN THE UNITED
STATES OR ANY OTHER JURISDICTION IN WHICH SUCH OFFER, SOLICITATION OR
SALE WOULD BE UNLAWFUL. IN PARTICULAR THE SECURITIES HAVE NOT BEEN, AND
WILL NOT BE, REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS
AMENDED (THE SECURITIES ACT), OR THE SECURITIES LAWS OF ANY STATE OF THE
U.S. OR OTHER JURISDICTION AND THE SECURITIES MAY NOT BE OFFERED OR
SOLD WITHIN THE U.S. OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S.
PERSONS (AS DEFINED IN REGULATION S UNDER THE SECURITIES ACT), EXCEPT
PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE
REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND APPLICABLE STATE OR
LOCAL SECURITIES LAWS.
30. THE INFORMATION CONTAINED ON THE WEBSITE MAY NOT
BE FORWARDED OR DISTRIBUTED TO ANY OTHER PERSON AND MAY NOT BE
REPRODUCED IN ANY MANNER WHATSOEVER, AND IN PARTICULAR, MAY NOT BE
FORWARDED TO ANY U.S. PERSON OR TO ANY U.S. ADDRESS. 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 OR THE APPLICABLE LAWS OF OTHER
JURISDICTIONS.
31. By clicking "I agree" to the terms and
conditions of this website 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 that you are not located in the U.S., 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.
United Kingdom
32. 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.
33. The FSA's website www.fsa.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 FSA
register. Other entities referred to on this website may not be
regulated by the FSA 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
34. 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 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.
35. 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.
36. 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.
37. 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. In particular, the terms of any product are
governed by applicable documents establishing such terms. In the event
of any inconsistency between the information on the website regarding a
particular security and the terms specified in, or determined pursuant
to, the documents establishing the terms of issue or contract, the terms
so specified or determined shall prevail. 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. In particular, RBS does
not provide tax advice. Investors should consult their own tax advisors
regarding the tax consequences of any securities mentioned 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.
38. You should consider whether an investment
strategy or the purchase or sale of any investment product 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. Certain
investment strategies and investment products featured on the website
may not be available or suitable to all persons.
39. Information in this website on past performance cannot be relied upon as a guide to future performance.
The value and income of any products mentioned in this website can fall
as well as rise and an investor may get back less than he invested.
40. The purchase of products 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 climate may have a
negative effect on the value, price or return of the mentioned
securities and financial instruments. Unless otherwise stated, any
pricing information on this website is indicative only, is subject to
change and is not an offer to deal. Unless otherwise stated, any price
quoted is exclusive of tax and delivery costs.
41. 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
Regulatory Information
42. RBS subscribes to the Banking Code and Business
Banking Code. If you would like a Banking Code or Business Banking Code
leaflet ask a member of staff at any branch. Full details of the Code
are also available from the British Bankers' Association website.
43. 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.
44. 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.
45. 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.
General Information
Enforceability
46. In the event any provision of these Terms 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.
Governing Law
47. The Terms 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.
Registered details
48. The Royal Bank of Scotland plc, Registered in Scotland No 90312. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB.
Notice to Customers
49. 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.
What follows is a list of links that may be of use to you after reading the main content.