Website Terms of Use

These terms and conditions (“Website Terms”) are the terms of use of this website and any other Brooks Macdonald Group Website (as defined below).  They set out the terms on which you may use this or any other Brooks Macdonald Group website whether as a registered user or guest.  You should read these Website Terms carefully before proceeding to use this or any other Brooks Macdonald operated website

Opting out of text messaging alerts

Braemar estates like to keep contacts up to date on relevant information and updates.  If you wish to opt out of receiving text messages, please email accounts@braemar-estates.com with your request.

Acceptance of these Terms of Use

By clicking ‘Accept’ or otherwise accessing or using this website or any other Brooks Macdonald Group  website you indicate your acceptance of and agreement to abide by these Website Terms described below, all policies, guidelines and legal obligations incorporated by reference, and any subsequent changes to the foregoing.

If you do not wish to accept or abide by these Website Terms, or you do not wish these Website Terms to apply to you, you should click ‘Decline’ or navigate away from this website and should not proceed any further into or otherwise use this website or any other Brooks Macdonald website in any way.

Incorporated Policy

Privacy Policy – Brooks Macdonald believes strongly in protecting individual user privacy and providing you notice of Brooks Macdonald's collection and use data, including personally identifying information, collected from any of the BMG Websites (“Site(s)”). Therefore, Brooks Macdonald has adopted a Privacy Policy that you should review in order to fully understand how we collect and use information.

About Brooks Macdonald Group plc

This website is owned and operated by the Brooks Macdonald Group plc (“BMG”, “us”, “we”).

BMG is registered in England (Company number: 4402058) and is listed on the Alternative Investment Market.  It is the holding company of a number of subsidiary financial services companies.  The main companies in the group are:

Brooks Macdonald Financial Consulting Limited (Company number 2621847), an independent financial advisory business providing financial planning and advice services and authorised and regulated by the Financial Conduct Authority (FCA number: 149420).

Brooks Macdonald Asset Management Limited (Company number 3417519), which is an investment company providing investment management services to private individuals, trusts and charities. It is authorised and regulated by the Financial Conduct Authority (FCA number: 184918).

Brooks Macdonald Funds Limited (Company number: 5730097).  A specialist investment company and provider of retail investment funds authorised and regulated by the Financial Conduct Authority (FCA number: 454833).

Braemar Estates (Residential) Limited (Company number: 4178736), which provides property management and administration services.  Braemar Estates (Residential) Limited (FCA number: 467545) is an appointed representative of Stackhouse Poland Limited (FSA number: 309340) which is authorised and regulated by the Financial Conduct Authority.

Brooks Macdonald Asset Management (International) Ltd (Company number: 47575), which is an investment company providing investment management services to private individuals, trusts and charities  and is licensed and regulated by the Guernsey Financial Services Commission, Jersey Financial Services Commission and is a member of and complies with the rules and regulations of the London Stock Exchange. Brooks Macdonald Asset Management (International) Ltd is registered in Guernsey with the Registered Number 47575.

Brooks Macdonald Retirement Services (International) Ltd (Company number: 106423), which provides private client retirement services and corporate employee benefits and is regulated by the Jersey Financial Services Commission and licensed by the Guernsey Financial Services Commission. Brooks Macdonald Retirement Services (International) Ltd is registered in Jersey with the Registered Number 106423.

All of the companies described above, except for Braemar Estates (Residential) Limited, Brooks Macdonald Asset Management (International) Ltd and Brooks Macdonald Retirement Services (International) Ltd have their registered office at 111 Park Street, Mayfair, London W1K 7JL.  The registered office for Braemar Estates (Residential) Limited is Richmond House, Heath Road, Hale, Cheshire WA14 2XP. The registered office of Brooks Macdonald Asset Management (International) Ltd is Yorkshire House, Le Truchot, St.Peter Port, Guernsey, GY1 1WD. The registered office of Brooks Macdonald Retirement Services (International) Ltd is Liberation House, Castle Street, St. Helier, Jersey, JE2 3AT.

The Financial Conduct Authority can be contacted by post, at 25 The North Colonnade, Canary Wharf, London E14 5HS, or by telephone on 0845 606 1234.

The Jersey Financial Services Commission can be contacted by post, at PO Box 267, 14-18 Castle Street, St Helier, Jersey, JE4 8TP, or by telephone on 01534 822000.

The Guernsey Financial Services Commission can be contacted by post, at PO Box 128, Glategny Court, Glategny Esplanade, St Peter Port, Guernsey, GY1 3HQ, or by telephone on 01481 712706.

BMG Website

“BMG Website” means this website and any other website owned and operated by BMG, including but not limited to the websites with the following addresses:

Use of this website or any other BMG Websites

Access to and use of this website (or any other BMG Website), when available, is permitted on a temporary basis only.  We reserve the right to:

  • withdraw or restrict access to this or any other BMG Website;
  • withdraw or change any services provided on or through this or any other BMG Website;
  • remove or amend any information or data provided on or through this or any other BMG Website at any time without notice and without giving any reason

We will not accept any liability for any losses, damages or costs of any kind arising as a result of the use of or inability to use this or any other BMG Website.

None of the BMG Websites are intended to be accessed by US Persons.  (“US Person” means any person domiciled or ordinarily resident in any part of the USA or who might otherwise be considered a citizen of the USA).  We do not grant any right of access to any US Person.  By accessing or using this or any other BMG Website you warrant that you are not a US Person.

Access to certain areas of BMG’s Website(s) is restricted. From time to time we may restrict access to some parts of our site, or the entire site, to users who have registered with us or who have certain professional or other qualifications or who satisfy certain specified criteria. If we provide you with a user ID and password to enable access to any restricted areas of our Sites or other content or services, you must ensure that such user ID and password is kept confidential. You should notify us immediately if you become aware of any unauthorised use.

If you enter a user ID and password in order to access any part of this or any other BMG Website then, in so doing, you warrant and represent that you have a right to use such username and password and that you have a right to enter such details and to access such restricted areas of, or information or data through, the BMG Website and that you have not obtained any username and password dishonestly or fraudulently.

If you are required to confirm any details or provide any information about yourself before accessing any part of this or any other BMG Website or any information or data supplied on or through such website then, in so doing, you warrant and represent that such confirmation is true and that any information you provide is true and accurate.

You are responsible for making all arrangements necessary for you to have access to this or any other BMG Website.  We do not make any representations or warranties as to the compatibility or accessibility of this or any other BMG Website with or through any computer system, software application, web browser or internet connection. If you authorise another person to access or use any BMG Website using your internet connection, you must ensure that such person is aware of and agrees with these Website Terms.

Intellectual Property

In these Website Terms, “Content” means any datum, information, text, image, illustration, photograph, sequence, animation, video, audio, logo, trade mark (whether registered or unregistered), graphic or that might be published on or otherwise available to view, access or download from or via this or any other BMG Website.

BMG is the owner or licensee (as the case may be) of all copyright and intellectual property rights in this and any other BMG Websites and any Content.  Such websites and their Content are protected by copyright laws and treaties around the world and all such rights are reserved. 

You may print off one copy, and may download extracts, of any page(s) from this or any other BMG Website for your personal reference only, and you may draw the attention of others within your organisation to material posted on any of our Sites. You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Sites must always be acknowledged and referenced.

If you print off, copy or download any part of this or any other BMG Website in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Trade marks

The following trade marks are trade marks of BMG or companies within BMG’s group of companies:

BMG or the relevant owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this website or other BMG Websites (including all texts, graphics and logos). Furthermore, you may not use, copy, modify, licence, distribute, frame or utilise framing techniques to enclose any BMG trademark, logo or other proprietary information (including the images found at this Site or other Sites operated throughout BMG, the content of any text or the layout/design of any page or form contained on a page) without a licence agreement issued by BMG or where appropriate BMG's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a BMG name, trademark, or product name without BMG's express written consent. Any unauthorised use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. BMG will pursue all violators the fullest extent of the law.

Reliance on information posted

Whilst every care is taken to ensure the accuracy of the information contained, the opinions, analysis and facts stated are based on information and sources which, while we believe them to be reliable, are not guaranteed.  In particular, the materials are provided "as is" without any express or implied warranty of any kind and should not be relied upon as the sole source of reference in relation to the subject matter. No liability can be accepted by the Brooks Macdonald Group, its subsidiaries, affiliates, directors, officers or employees for any loss to any person or entity acting or failing to act as a result of anything contained in or omitted from the content, or our conclusions as stated. Nothing on any of our Sites is intended to amount to advice on which reliance should be placed. In particular:

  • nothing on any of the BMG Websites should be relied upon as financial advice or a personal recommendation;
  • no data or information on any of our Sites should be relied upon as a basis for any financial or investment advice or a personal recommendation; and
  • no action should be taken as a result of anything read on any of the Sites without taking advice from an individual or firm authorised to provide such advice

Our site changes regularly

We aim to update our Sites regularly, and may change the content of any of them at any time.  If the need arises, we may suspend access to any or all BMG Websites, or close any or all of them indefinitely.  

Our liability

The Content displayed on this and any other BMG Website is provided without any guarantees, conditions or warranties as to its accuracy, fitness for purpose or otherwise.  To the extent permitted by law, in no event shall BMG its subsidiaries, affiliates, directors, officers or employees be liable for any direct, indirect, incidental, special or consequential damages including, without limitation:

  • any indirect loss of profit;
  • data;
  • good will;
  • loss of savings;
  • loss of anticipated savings;
  • loss of opportunity;
  • damage to reputation; and

for any other loss or damage of any kind howsoever arising, including by way of negligence (whether under contract or tort), wilful default, misrepresentation (negligent or fraudulent) or fraud) arising out of the use of or inability to use the BMG Site(s) any websites linked to it, and any materials posted on any such site, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Furthermore, BMG do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these sites and may make changes at will to any site, or to the products described therein, at any time without notice. Brooks Macdonald makes no commitment to update the BMG Site(s).

Nothing in these Website Terms shall affect our liability for:

  • death or personal injury arising from our negligence;
  • fraudulent misrepresentation or misrepresentation as to a fundamental matter; and
  • any other liability which cannot be excluded or limited under any applicable law

Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy.  By clicking ‘Accept, or by using or accessing this or any other BMG Website, you consent to such processing and you warrant that all data provided by you is accurate.  If you do not agree to our Privacy Policy you must click ‘Decline’ or otherwise navigate away from our website and must not attempt to access or use any BMG Website.

Use of Cookies on our site

A 'cookie' is a small piece of information which a website places into your browser and can retrieve later. It cannot be read by any website other than that which placed the cookie nor does it contain information which could be used to identify you. We use cookies to facilitate use of our website and access across various pages. Some are temporary and remain in the cookie file of your browser until you leave the site others remain for up to 90 days avoiding the need for you to re-enter certain information.

By clicking ‘Accept’ or continuing to access this or any other BMG Website you consent to cookies being stored on your computer as a consequence of accessing this site.  If you do not consent to cookies being stored on your computer you should click ‘Decline’ and should not access or use this or any other BMG Website.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you do so on the basis of the Acceptable Use Warranties set out below.  Any such contribution must comply with the Acceptable Use Warranties and you indemnify us for any breach of those warranties.

Acceptable Use Warranties

If you upload any material to this or any other BMG Website or if you post any comment or picture or other material to any forum on this or any other BMG Website then on so doing you make the following warranties:

  • that you have all rights and permissions necessary to upload or post such material;
  • that in uploading or posting any material you do not infringe any copyright or intellectual property rights belonging to any other person nor cause BMG to infringe any copyright or intellectual property rights belonging to any person;
  • that any comments or remarks you post and the content of any material you upload is not defamatory or libellous or likely to cause any person to make a claim against BMG;
  • that any comments or remarks you post and the content of any material you upload does not contain foul language or malicious or hurtful comments and is not likely to cause any offence to any person;
  • that any comments or remarks you post or material you upload is not confidential and does not breach any person’s confidentiality or privacy rights and you have a right to release such material into the public domain; and
  • that no material you upload nor comment or material you post is likely to cause any person loss or damage or give rise to any claim by any person against BMG

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our expected content standards or the Acceptable use Warranties above.

Viruses, hacking and other offences

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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, Computer Misuse (Jersey) Law 1995 or Computer Misuse (Bailiwick of Guernsey) Law 1991. 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 Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Site

You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor will you utilise any BMG logo to embed any link without a licence agreement.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Acceptable Use Warranties set out above.

If you wish to make any use of material on our Site other than that set out above, please address your request to info@brooksmacdonald.com.

Links from our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any reference to a third party link or website cannot be taken to imply any endorsement or validation by us of the content of the said website. The Brooks Macdonald Group is not responsible for the privacy practices nor do we accept any liability in connection with the content of such websites.

Social Media

Our social media pages/channels (Facebook, Twitter, LinkedIn, FlickR and YouTube) (“Social Media Sites”) are a place for you to learn more about the Brooks Macdonald Group plc and its operating subsidiaries. Neither BMG nor any of its subsidiaries are responsible for third party content posted or appearing on these Social Media Sites, including but not limited to content and links posted by users.

BMG does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by BMG commentators.

Moderation

BMG does not condone or allow use of social media community space for content not related to the wider Brooks Macdonald Group. We reserve the right to remove postings that are:

(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive or misleading;
(c) in violation of copyright or intellectual property laws;
(d) contain advertising or SPAM; and
(e) any other content that BMG may deem inappropriate.

BMG reserves the right to ban and block individuals who do not follow these basic rules of engagement. When visiting BMG’s social media pages/channels on these Social Media Sites you should also be aware and familiarise yourself with the site owner’s terms of service as posted on the Sites.

Availability

We will update and monitor our social media accounts during core operating office hours (Monday to Friday). Our Social Media Sites may occasionally be unavailable and we accept no responsibility for lack of service due to downtime.

Responding to messages

We welcome feedback and ideas and try to respond wherever possible. However, we are not able to reply individually to all the messages we receive through our social media accounts.Feedback, questions, key topics and trends are passed to the relevant people in BMG, in line with our data protection policy.

You can also contact us by email, phone or post.

Twitter

Content

If you follow us on Twitter, you can expect posts covering some or all of the following:

  • alerts about new content available from our other digital channels (news, publications, TV airtime, and website updates);
  • information from BMG staff and stakeholders about our current projects;
  • re-tweets of relevant news, stories and information

Retweeting

We will re-tweet information on a case-by-case basis. A re-tweet from BMG does not imply direct endorsement by the wider organisation. It is BMG's policy not to link to the websites or work of commercial organisations unless there is a direct and relevant link to our work and everyday business activities.

Other Social Media Sites

Social Media Sites operated by BMG may, from time to time, include discussion forums and interactive areas, including bulletin board services. Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:

  • upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any national, or international law;
  • upload or transmit any Content that may infringe any patent, trademark, and trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
  • without BMG’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam

BMG takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, BMG is only a forum and is not liable for any statements, representations, or Content provided by its users.

Enforcement

BMG has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. BMG may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, or removal of posted Content. BMG reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, regulatory requests or court orders, to protect BMG's systems and clients, or to ensure the integrity and operation of BMG's business and systems, BMG may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. 

BMG's right to disclose any such information shall govern over any terms of BMG's Privacy Policy.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless BMG from any claim, action, demand, loss, or damages (including reasonable legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Variations

We may revise these Terms of Use 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 made, as they are binding on you. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our Sites.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Sites [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country].

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Your concerns

If you have any concerns about material which appears on our site, please contact grouplegal@brooksmacdonald.com.

Thank you for visiting our site.