eServices Regulations
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “AGREE” BUTTON BELOW, YOU: (1) AGREE TO THESE LICENCE TERMS IN RELATION TO THE APP (INCLUDING THE RELEVANT COUNTRY SUPPLEMENT (COLLECTIVELY, APP TERMS), WHICH WILL BIND YOU; AND (2) CONFIRM THAT YOU HAVE READ THE DISCLOSURES SET OUT IN THESE APP TERMS AND THE RELEVANT PRIVACY POLICY.
IF YOU DO NOT AGREE TO THESE APP TERMS, PLEASE DO NOT PROCEED FURTHER.
These App Terms shall supplement, and be read in conjunction with, the client Terms of Business applicable to you. In the event of any inconsistency between these App Terms and the client Terms of Business relating to this App, these App Terms shall prevail.
These App Terms supersede and replace any terms and conditions that you may have previously agreed with us in connection with your use of the App and the Services.
The App only displays factual information about your holdings. No financial advice, recommendation or commentary would be provided to you through the App. No orders, instructions or transactions can be placed or conducted through the App.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
"We" in the following App Terms means the applicable Schroders legal entity which provides services to you (being Schroder & Co. Limited, Schroders (C.I.) Limited, Schroder & Co. Bank AG, Schroder Wealth Management (US) Limited and Schroder & Co. (Asia) Limited).We license you to use, as permitted in these App Terms:
- mobile application software, the data supplied with the software, and any updates or supplements to it (collectively, the App); and
- the service you connect to via the App and the content we provide to you through it (Services).
LICENSING
This App and our Services should not be accessed in countries where it is prohibited under local law or where we do not authorise usage. It is your responsibility to check whether any local law restrictions apply to you in relation to this App and or Services. No information, products or services referred to in the App or Services, are directed at, or offered to, anyone in a country or state where: advertising, offering or selling by us is not allowed by law or regulation, or we would have to register or obtain a licence which we do not currently have (our regulators are noted on www.schroders.com). Distributing information in certain countries may be restricted by local law. As a result, you must be aware of, and keep to, any such restrictions.
CONFIDENTIALITY
The App and Services, except where otherwise clearly indicated, may include confidential information. Such information is for you only. Without the express prior written permission of the Schroder Group, or if required by law, you must not disclose such information to any other persons.
YOUR PRIVACY
Under data protection and privacy legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.If you have a client relationship with a Schroder group entity outside the UK, please refer to the Relevant Country Supplement for the Privacy Policy and (if applicable) Data Protection Policy applicable to your jurisdiction.
If you have a client relationship with a Schroder group entity based in the channel islands, the Privacy Policy can be found here.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
MARKET DATA
Where FTSE International Limited (FTSE) data is used in any information within the App or Services, “FTSE” is a trade mark of the London Stock Exchange Group of companies and is used by FTSE International Limited under licence. All rights in the FTSE indices vest in FTSE and/or its licensors. Neither FTSE nor its licensors accept any liability for any errors or omissions in the FTSE indices or underlying data. No further distribution of FTSE data is permitted without FTSE’s express written consent.
For further information regarding market data, please consult www.schroders.com.
ADDITIONAL TERMS
Please note that there are specific terms and conditions regarding our investment services, use of our website, use of e-services, and our emails. These terms are available separately.
APPLE/GOOGLE STORE’S TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the Apple/Google Store’s rules and policies and Apple/Google Store’s rules and policies will apply instead of these App Terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
Minimum requirements in terms of device model and operating system can be found in the Apple/Google App Store page.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Services or have any problems using them please email or call your usual investment management contact.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email or call your usual investment management contact.
How we will communicate with you. If we have to contact you we will do so by phone, by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these App Terms you may:
- download or stream a copy of the App onto your phone and view, use and display the App and the Services on such devices for your personal purposes only; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
SUSPENSION AND TERMINATION
We will have the right to suspend your access to the App and the Services, or to terminate your use of the App and the Services at any time and for any reason (including where you are in breach of any of the provisions in these App Terms), subject always to applicable laws.
You agree that these App Terms continue to apply even after your access to the App and the Services expires or is terminated, or where you have stopped using the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Services as set out in these App Terms. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE APP TERMS
We may need to change these App Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
Any updates to these App Terms will be posted on the App. All such changes to the App Terms are effective immediately when posted to the App and apply to all access to and use of the App and the Services thereafter. Your continued use of the App and the Services following the posting of such revised App Terms constitutes your acceptance and agreement to the changes which are binding on you.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.
UPDATE TO THE APP AND CHANGES TO THE SERVICES
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these App Terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
We may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services, nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these App Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (where applicable, by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.
ACCEPTABLE USE RESTRICTIONS
You must:
- not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these App Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services (to the extent that such use is not licensed by these App Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services, other than the right to use them in accordance with these App Terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these App Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these App Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these App Terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability under the Financial Services and Markets Act 2000 (where applicable), for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. Subject to the foregoing, information within the App and Services: are for information purposes only; are current at the date of issue (or as so marked) only; may contain information from third parties which we and the third party cannot be liable to you for; and are supplied without any warranties, guarantees or representations as to accuracy or completeness.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information purposes only. You must obtain specific advice from your relationship manager before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Apple/Google Store site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
AVAILABILITY OF SERVICES, SECURITY
We shall make reasonable efforts to ensure that the App and the Services are available to you. However, access to the App and Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We will use commercially reasonable efforts to avoid downtime of the App and the Services, but we assume no liability if the App or Services or any part thereof is unavailable at any time or for any period.
You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data.
You agree that we shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the App, any technical problems, system failures or security breaches; (b) the device that you use to access the App (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the App that is stored on your own device; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the App.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE APP TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these App Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- you must stop all activities authorised by these App Terms, including your use of the App and any Services;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
- we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
WE MAY TRANSFER THESE APP TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these App Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these App Terms.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these App Terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
These App Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these App Terms.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these App Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these App Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These App Terms are governed by the laws of the jurisdiction stated in the Relevant Country Supplement, and you may only bring legal proceedings in the manner prescribed in the Relevant Country Supplement. Unless stated otherwise in the Relevant Country Supplement, these Terms are governed by English law and you must bring legal proceedings regarding these Terms in the English courts.
If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these App Terms affects your rights as a consumer to rely on such mandatory provisions of law.
Supplemental Terms applicable to Singapore Users ("Singapore Supplement")
You acknowledge and confirm that:
(a) you are an "accredited investor" as defined in the Securities and Futures Act, Chapter 289 of Singapore (the "SFA") and where relevant, you have given your consent to be treated by Schroder & Co. (Asia) Limited ("SCSG") as an "accredited investor"; and
(b) you are an existing customer of SCSG.
The terms set out in this Singapore Supplement shall be read in conjunction with the Licence Terms in relation to the Schroders mobile application software (the "App") accessible here (the "App Terms").
Unless otherwise defined herein, capitalised terms used in this Singapore Supplement are defined in the App Terms. All references herein to this Singapore Supplement, the App Terms, the Terms of Business, the Terms of Use, the Privacy Policy and the Data Protection Policy shall be references to this Singapore Supplement, the App Terms, the Terms of Business, the Terms of Use, the Privacy Policy and the Data Protection Policy respectively as modified, amended, supplemented and/or updated from time to time. To the extent there are any inconsistencies between this Singapore Supplement and the App Terms, the terms set out in this Singapore Supplement shall prevail.
1. No investment advice or execution services provided through the App
1.1 For the avoidance of doubt, the App only displays factual information about your holdings. You understand and agree that:
(a) no financial advice, recommendation or commentary would be provided to you through the App; and
(b) no orders, instructions or transactions can be placed or conducted through the App.
1.2 You understand and agree that the information and any other content contained in or provided to you on the App is general in nature and is provided for information purposes only. You understand and agree that information provided to you on the App does not take into account your specific investment objectives, financial situation, tax situation or particular needs, and (a) does not and is not intended to constitute advice on, or a solicitation or offer of, or recommendation on, any investment products or financial products or services of any nature, and (b) does not and is not intended to constitute an invitation or inducement to engage in investment activity. You understand and agree that nothing on the App shall be construed as giving any recommendation or advice on any investment products or as inducing any person to buy or sell any investment product. You may wish to seek your own professional advice or otherwise contact your relationship manager (including financial, legal and tax advice) suitable to your particular circumstances prior to making any investment or if you are in doubt as to the information on the App.
For the purposes of this Clause 1.2, "investment product" shall have the same meaning as defined in the Financial Advisers Act (Chapter 110) of Singapore.
1.3 You understand and agree that the information contained on the App is not directed at or intended for distribution or publication to, or use by any person who is a resident of or located in any jurisdiction in which the direction, distribution or publication or use of such information would be contrary to applicable laws in the relevant jurisdiction(s) or which would subject SCSG (or any other person referred to on the App) to any registration or licensing requirements in respect of that jurisdiction. SCSG is currently regulated by the Monetary Authority of Singapore but it may not be licensed, registered, authorised or otherwise regulated in any other jurisdiction by any other supervisory authority.
2. Terms of Use
2.1 The App will connect you to SCSG's public website in Singapore. You understand and agree that the use of SCSG's public website shall be governed by the "Terms of Use" set out in SCSG's public website, which can be found here.
2.2 You shall undertake to follow and comply with all applicable practices set out in Appendix 1 of the Terms of Business at all times when using the App.
3. Your Privacy
3.1 You understand and agree that the terms relating to data protection and confidentiality set out in the Terms of Business shall apply to the App Terms (including this Singapore Supplement).
3.2 You understand and agree that SCSG's Privacy Policy and Data Protection Policy shall apply to the use, transfer and/or disclosure of personal data in connection with the provision of Services via this App. The Privacy Policy can be found here and the Data Protection Policy can be found here.
3.3 You understand and agree that we will collect information on your usage of the App, including but not limited to the frequency of log-in, time spent and your activities conducting on the App. Such information will be used, transferred and/or disclosed in accordance with the terms of SCSG's Privacy Policy and Data Protection Policy.
3.4 In addition to the terms set out in SCSG's Privacy Policy and Data Protection Policy, you shall permit SCSG or any supervisory or regulatory body to have access to such electronic devices or gadgets as SCSG or the supervisory or regulatory body may request in connection with the App, and you shall cooperate in answering any of their queries in relation to any aspect of the App.
4. Third Parties Rights
4.1 Unless otherwise specified in the App Terms and/or this Singapore Supplement, a person who is not a party to these App Terms (including this Singapore Supplement) has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce any term of these App Terms (including this Singapore Supplement).
5. Governing Law and Jurisdiction
5.1 These App Terms (including the Singapore Supplement) are governed by and construed in accordance with Singapore law. With respect to any suit, action or proceedings relating to the App Terms (including this Singapore Supplement) (“Proceedings”) and for our sole benefit, you irrevocably submit to the jurisdiction of the Singapore courts and waive any objection which you may have at any time to the bringing of any Proceedings in Singapore. Nothing in the Agreement precludes us from bringing Proceedings in any other jurisdiction nor will the bringing of Proceedings in any one or more jurisdictions preclude the bringing of Proceedings in any other jurisdiction. Where you do not reside in Singapore, you undertake to nominate an agent with an address in Singapore to accept service of any legal process in Singapore on your behalf, if requested to do so by us. Such agent shall acknowledge in writing to us its appointment as such agent and service of legal process on such agent shall be deemed to constitute service on you. If you fail to so nominate, you agree that service of legal process on you shall be deemed to be due and sufficient if served on you by leaving it at or sending it by post to your address last known to us.
Supplemental Terms applicable to Swiss Users ("Swiss Supplement")
You acknowledge and confirm that:
(a) you are an existing client of Schroder & Co Bank AG, Switzerland („SCoBAG„); and
(b) a signed „Application for E-Services“ is in place („E-Services„).
The terms set out in this Swiss Supplement shall be read in conjunction with the Licence Terms in relation to the Schroders mobile application software (the "App") accessible here (the "App Terms").
Unless otherwise defined herein, capitalised terms used in this Swiss Supplement are defined in the App Terms. All references herein to this Swiss Supplement, the App Terms, the General Terms and Conditions and the Privacy Policy shall be references to this Swiss Supplement, the App Terms, the General Terms and Conditions and the Privacy Policy respectively as modified, amended, supplemented and/or updated from time to time. To the extent there are any inconsistencies between this Swiss Supplement and the App Terms, the terms set out in this Swiss Supplement shall prevail.
1. Online Services
1.1 The provision of Services via the App constitutes part of the E-Services provided by SCoBAG to you. Accordingly, the terms of the E-Services shall apply to the provision of Services to you via the App. These App Terms (including this Swiss Supplement) shall be read in conjunction with the terms relating to the E-Services.
2. No investment advice or execution services provided through the App
2.1 For the avoidance of doubt, the App only displays factual information about your holdings. You understand and agree that:
(c) no financial advice, recommendation or commentary would be provided to you through the App; and
(d) no orders, instructions or transactions can be placed or conducted through the App.
2.2 You understand and agree that the information and any other content contained in or provided to you on the App is general in nature and is provided for information purposes only. You understand and agree that information provided to you on the App does not take into account your specific investment objectives, financial situation, tax situation or particular needs, and (a) does not and is not intended to constitute advice on, or a solicitation or offer of, or recommendation on, any investment products or financial products or services of any nature, and (b) does not and is not intended to constitute an invitation or inducement to engage in investment activity. You understand and agree that nothing on the App shall be construed as giving any recommendation or advice on any securities or investment products or as inducing any person to buy or sell securities or investment products. You may wish to seek your own professional advice or otherwise contact your relationship manager (including financial, legal and tax advice) suitable to your particular circumstances prior to making any investment or if you are in doubt as to the information on the App.
3. Your Privacy
3.1 You understand and agree that the terms relating to data protection and confidentiality set out in the General Terms and Conditions (as updated from time to time) shall apply to the Terms (including this Swiss Supplement).
3.2 You understand and agree that SCoBAGs Privacy Policy shall apply to the use, transfer and/or disclosure of personal data in connection with the provision of Services via this App. The Privacy Policy can be found here.
3.3 You understand and agree that we will collect information on your usage of the App, including but not limited to the frequency of log-in, time spent and your activities conducting on the App. Such information will be used, transferred and/or disclosed in accordance with the terms of SCoBAGs Privacy Policy.
4. Governing Law and Jurisdiction
These App Terms (including the Swiss Supplement) are governed by Swiss law. The Swiss courts will have exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with the App Terms (including this Swiss Supplement) and all dealings between us and you for which purpose all parties agree to submit to such jurisdiction
Supplemental Terms applicable to United States Users ("US Supplement")
By accessing the App you acknowledge and confirm that:
(a) you are an existing client of Schroder Wealth Management (US) Limited ("SWMUS"); and
(b) you continue to satisfy all criteria necessary to maintain an account with SWMUS.
The terms set out in this US Supplement shall be read in conjunction with the Licence Terms in relation to the Schroders mobile application software (the "App") accessible here (the "App Terms").
Unless otherwise defined herein, capitalised terms used in this US Supplement are defined in the App Terms. All references herein to this US Supplement, the App Terms, the General Terms and Conditions and the Privacy Policy shall be references to this US Supplement, the App Terms (available at the link above), the "SWMUS Terms of Business" that you received at the outset of your relationship with SWMUS and the "US Privacy Policy" (available here), respectively, as modified, amended, supplemented and/or updated by us from time to time. To the extent there are any inconsistencies between this US Supplement and the App Terms, the terms set out in this US Supplement shall prevail. Your continued use of the App shall constitute your understanding of and consent to be bound by each of the App Terms, this US Supplement, the SWMUS Terms of Business, and the Privacy Policy, as well as your recognition of having previously reviewed and understood the SWMUS Form ADV Part II (available here) and of having previously received, reviewed, understood, and agreed to the SWMUS Form ADV Part III (available here).
1. Online Services
1.1 The provision of Services via the App constitutes part of the "Online Services" described in the SWMUS Terms of Business that are provided by SWMUS to its existing clients, including you. Accordingly, the terms of the Online Services shall apply to the provision of Services to you via the App. These App Terms (including this US Supplement) shall be read in conjunction with the SWMUS Terms of Business and particularly its terms relating to the Online Services.
2. No investment advice, recommendations, or execution services are provided through the App
2.1 For the avoidance of doubt, the App only displays factual information about your holdings for informational purposes only. You understand and agree that:
(a) no investment advice or recommendations are available to you through the App; and
(b) no investment instructions, orders or transactions can be placed or conducted through the App.
2.2 You understand and agree that the information and any other content contained in or provided to you on the App is general in nature and is provided for information purposes only. You understand and agree that information provided to you on the App does not take into account your specific investment objectives, financial situation, tax situation or particular needs, and (a) does not and is not intended to constitute advice on, or a solicitation or offer of, or recommendation on, any investment products or financial products or services of any nature, and (b) does not and is not intended to constitute an invitation or inducement to engage in investment activity. You understand and agree that nothing on the App shall be construed as giving any recommendation or advice on any securities or investment products or as inducing any person to buy or sell securities or investment products. You must seek your own professional advice or otherwise contact your relationship manager (including financial, legal and tax advice) suitable to your particular circumstances prior to making any investment or if you are in doubt as to the information on the App.
3. Your Privacy
3.1 You understand and agree that the terms relating to data protection and confidentiality set out in the US Privacy Policy and SWMUS Terms of Business (each as updated from time to time) shall apply to the App Terms (including this US Supplement).
3.2 You understand and agree that the US Privacy Policy shall apply to the use, transfer and/or disclosure of personal data in connection with the provision of Services via this App. The US Privacy Policy is available here.
3.3 You understand and agree that we will collect information on your usage of the App, including but not limited to the frequency of log-in, time spent and your activities conducted on the App. Such information will be used, transferred and/or disclosed in accordance with the terms of the US Privacy Policy.
4. Governing Law and Jurisdiction
As per the SWMUS Terms of Business, these App Terms and your overall relationship with SWMUS are governed by and construed in accordance with English law. The English courts will have exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with your use of the App, the App Terms including the US Supplement, and all dealings between us and you for which purpose all parties agree to submit to such jurisdiction.