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Terms & Conditions

Please read the following information, which sets out the basis upon which access to the Brown Shipley & Co. Limited website (‘Site’) and Online services is made available. The information on this Site is intended solely for people who are resident in the United Kingdom for tax and investment purposes and should not be relied upon by any other persons outside the United Kingdom.

  1. Introduction

1.1 Certain areas of the Site (‘Private Area’) will only be available to you if you are our client and have accepted our Terms in writing. See paragraph 9 for registration procedures.

1.2 Whilst we will endeavour to retain the Site as operational, certain technical difficulties may arise from time to time which may result in service interruption, therefore we can give no guarantee that our Site will remain available for access at all times.

  1. Material

2.1 Brown, Shipley & Co. Limited (‘Brown Shipley’, ‘we’ or ‘us’) or our licensors own all copyright and other intellectual property rights in relation to the material and content available on the Site or which is sent to you by e-mail (‘Material’) and in relation to the services offered and the concepts reflected in the Site (‘IPR’). Material is available for your sole use and shall not be used by you for any commercial purposes. Except as expressly permitted, you are not entitled to reproduce, modify or in any other way use or supply the Material.

2.2 You acknowledge that it is your responsibility to evaluate Material and that you are not to place any reliance upon the completeness, accuracy or usefulness of any Material or any opinion expressed by us on the Site. Nothing on the Site should be taken to constitute a recommendation by us or to constitute advice by us to you, it being your sole responsibility to take your own professional advice in relation to such Material.

  1. Regulatory/financial

Brown Shipley is a trading name of Brown, Shipley & Co. Limited, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Brown Shipley’s parent company is KBL European Private Bankers (KBL), which, from Luxembourg, heads a major European network of private bankers.

Registered in England and Wales No. 398426. Registered office: Founders Court, Lothbury, London EC2R 7HE.

We emphasise and draw your attention to the fact that any investment involves potential risks. You should be aware that past performance is no guarantee of future performance and the value of investments and the income from them can fall as well as rise and may be affected by exchange rate movements between currencies. An investor may not get back the original amount invested. Any tax relief mentioned is that currently available, subject to change and dependent upon individual circumstances.

Brown Shipley is a participant in the Financial Services Compensation Scheme established under the Financial Services & Markets Act 2000 which, subject to certain exceptions, provides limited compensation in respect of eligible liabilities if we are declared in default. Most deposits, including those made by individuals and small firms, are protected by the Financial Services Compensation Scheme. Where you make a deposit with us, payments under the scheme are limited to 100% of the first £85,000 of your total deposits with us. For joint deposits both partners would be eligible to receive up to a total of £85,000 each. Further information can be obtained from the Financial Services Authority Compensation Scheme.

If you are in any doubt about the information contained in this website or you are unsure whether any of the investments are suitable for you, we strongly recommend that you contact your financial adviser, your stockbroker, lawyer, accountant, bank manager or other professional adviser.

  1. Trademarks and copyright

All copyright and other intellectual property rights in relation to the Site are our property or the property of our licensors and all rights are reserved. You shall not copy, reproduce, transmit, store or modify the content of this Site or use any such trademarks or trade names, including but not limited to our registered trademark Brown Shipley, without our prior written consent.

  1. Links

You may be entitled to link from the Site to the websites of third parties (‘Third Party Sites’). We have no control over the content of such sites and therefore cannot accept any responsibility for any material that is accessible from such sites and cannot guarantee that such sites will remain available for access. In particular, but without limitation, we have no liability to you in respect of any loss or damage that you incur through placing reliance upon any information or material accessible on such sites or as a consequence of you being unable to link to Third Party Sites from our Site. You will not create any hypertext links to any part of the Site without our prior approval.

  1. Changes to these terms

We may, at our sole discretion, change these Terms. If we do so, we shall post a change notice on our Site indicating the change and by continuing to access the Site, you shall be deemed to have accepted such change.

  1. Money laundering

Under the money laundering regulations we are required to obtain evidence of an investor’s identity. The services to be provided by us and any investments are subject to satisfactory documentary evidence of identity.

  1. Data protection

We comply with the EU General Data Protection Regulation 2016 (“GDPR”) and other applicable UK data protection and privacy legislation. We will process and disclose personal datathat you provide to us or that we obtain about you in visiting our Site and/or during your relationship with us as a client as detailed in the Site Privacy Notice.

  1. Private areas

Access to the Private Area of the Site is only available to our clients who have accepted our Terms in writing and who have been accepted by us for registration. We reserve a total discretion as to whether or not to accept clients for registration. Registration can be withdrawn at any time by us notifying you in writing.

  1. Purchase or supply of products or services through the site

Should you purchase products or services from third parties who offer such products or services for supply on the Site or any Third Party Site or should you have any business dealings with any person whose details are available through the Site or any Third Party Site then such purchases or dealings are carried out at your sole risk and we have no responsibility or liability for any loss or damage that you suffer as a consequence thereof.

  1. Global use

The nature of the World Wide Web is such that the Site can be accessed by users from any part of the world and it is therefore your responsibility to ensure that you comply with all applicable laws regarding access to the Site, services and/or use of information contained on the Site, including the transmission and export of technical or other data anywhere in the world. We give no warranties, express or implied that the services and/or information available on the Site (or the availability of such services or information) are in compliance with the applicable laws or regulations of any jurisdiction other than the jurisdiction applicable within the United Kingdom. If it is prohibited to make the information available in jurisdictions outside of the United Kingdom, then such services or information are not directed at such jurisdictions.

  1. Disclaimers

12.1 Your use of our Site is at your sole risk. We give no warranty or guarantee as to the accuracy, completeness or relevance of the information available on the Site and, to the fullest extent permitted by law, we exclude all warranties, conditions and other terms implied by statute or law with respect to the services and your use of the Site. We shall have no liability to you other than as may expressly be provided for herein.

12.2 Whilst we will use our reasonable endeavours to maintain the services, we cannot give any guarantee, warranty or undertaking that the services will remain available, will meet your requirements, or that access to the Site will be or remain secure, uninterrupted or error free. It shall be your responsibility to ensure that the services and any products, services or information available through the Site (or any Third Party Site) meet your specific requirements.

12.3 Should you download any material from our Site then this shall be done at your entire risk and Brown Shipley will not be responsible for any damage to your computer, loss of data or other loss that results from such downloading.

  1. Limitation of liability

13.1 Without prejudice to any other exclusion or limitation contained within these Terms, we have no liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, special or consequential losses or exemplary damages or for any loss of profit, revenue, turnover or bargain or for loss of data which arises in any way from you accessing the Site, using the services, purchasing products or services through the Site or Third Party Sites or from downloading any material from the Site or Third Party Sites or otherwise.

13.2 Should the laws of any jurisdiction not permit the exclusion or limitation of liability as set out in paragraphs 11 or 12 then, to the extent that such exclusion or limitation is not permitted, the relevant provision shall not apply in that jurisdiction.

13.3 Nothing in these Terms shall be taken so as to exclude or limit our liability for death or personal injury caused by our negligence. Your statutory rights as a consumer are not affected by any of these Terms.

  1. General

14.1 These Terms and our relationship with you shall be governed by and construed in accordance with English law.

14.2 Subject to any overriding rule of law affording exclusive jurisdiction to the courts of any other country in relation to any dispute between us, the English courts shall have exclusive jurisdiction in relation to that dispute.

14.3 Reference in these Terms to a person shall include individuals, companies associations, and partnerships.

14.4 Reference to any English term for any action, remedy or judicial proceeding, legal document, legal status, court official or any legal concept or thing shall in respect of any jurisdiction other than England be deemed to refer to what more nearly approximates in that jurisdiction to the English term.

  1. Social media

15.1 Some content shared by Brown Shipley on our LinkedIn / Twitter feed is for professional investors and advisors for information purposes only, this may include links to, or extracts from information provided by third parties. This may include links to information containing expressions of opinion issued by those third parties. Where we do provide such links, this is for information only, and we do not endorse any information, expression of opinion or any material whatsoever accessed in this way. No views expressed in any material accessed via this Twitter page comprise our own views, or those of any director or employee of Brown Shipley. Given this, we accept no liability for the material accessed in this way, for any actions of any nature taken by any person as a result of accessing it, or for any direct or consequential loss arising as a result of this LinkedIn or Twitter page or any material accessed as a result of its use.

Through LinkedIn and Twitter, where we provide links to third party material where a Spokesperson(s) or employee of Brown Shipley has expressed a view or an opinion then we ask all investors to be aware that this information is provided by Brown Shipley to professional investors and advisers for information purposes only. It does not constitute investment advice and should not be treated as a recommendation for investment. Past performance is not a reliable indicator of future results. The value of an investment and any income from them may fluctuate and are not guaranteed. The yield generated is subject to fluctuation and is not guaranteed. We always recommend that advice is obtained from a suitably qualified and experienced, regulated financial adviser prior to participating in financial markets.

Brown Shipley is a trading name of Brown Shipley & Co Limited, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered in England and Wales No. 398426. Registered Office: Founders Court, Lothbury, London, EC2R 7HE. Brown Shipley’s parent company is KBL European Private Bankers which, from Luxembourg, heads a major European network of private bankers.

We emphasise and draw your attention to the fact that any investment involves potential risks.

Past performance is not a reliable indicator of future results.

The value of investments and any income from them may fluctuate and is not guaranteed.

Investors may not get back the amount originally invested. Currency fluctuations may cause the value of underlying investments to go up or down.

References to taxation referred to on this site are those available under current legislation, which may change, and their availability and value depend on individual circumstances. Brown Shipley does not provide tax advice and investors should refer to their tax adviser for information on the effect of tax legislation on their individual circumstances.

Brown Shipley is a participant in the Financial Services Compensation Scheme established under the Financial Services & Markets Act 2000 which, subject to certain exceptions, provides limited compensation in respect of eligible liabilities if we are declared in default.

Online security

We take online security very seriously. Here we describe the measures we have taken to protect your information and also list some simple practices that you should follow to help ensure that security is not compromised and attempts at fraud are minimised.

What we do – technology and people

Access to My Brown Shipley is controlled through three levels of security:

  • Your username
  • Your password
  • Our Cryptocard security system

Your adviser (and team) does not have access to this information. If you have lost or forgotten any of the three levels of security you will need to contact us by email at mbs.support@brownshipley.co.uk or by calling 020 7320 3662 (Monday – Friday between 9am – 5pm).

You will then go through a series of security questions on successful completion of this exercise we will re-set your login details to enable you to log back in and reset your password. If you fail the security question process we will only be able to send your details by post and only to your address previously registered with us. We will never ask for your details by phone or email and will not be able to give you any lost details by phone, either.

My Brown Shipley is provided by a secure connection, you should always access My Brown Shipley via the login homepage.

What you can do

To ensure that your personal details and financial information remain safe, make sure you follow these simple procedures and practices.

  • Keep your Username and Password private and never disclose them to anyone else.
  • Change your password regularly – you can do this easily with My Brown Shipley.
  • Keep your Cryptocard safe at all times.
  • Do not give out any of these details on the phone or by email. Brown Shipley will never ask you for this information.
  • Log out after each use of My Brown Shipley.
  • Be careful when using computers in public places or with public computers or with public wireless network connections.
  • Watch out for fraudulent e mails that look as though they come from Brown Shipley. They will ask you for personal information and/or redirect you to a site that asks for your security details. Do not respond to these.
  • Ensure that you are logging on to our secure site by accessing it through the My Brown Shipley.
  • Make sure your computer has up to date anti-virus software installed and maintained.
  • Maintain a firewall on your computer. This will protect your computer from unauthorised access.
  • Keep your computer software up to date.
  • Be alert for scams. There are lots of them about and they will often involve someone masquerading as a Brown Shipley official and trying to deceive you into parting with some money. If you suspect fraud is being conducted using the Brown Shipley name then please send us details immediately to info@brownshipley.co.uk.

Under the terms of the Consumer Credit Act 1974, for credit facilities you should be aware of the following:

  • Over 18s only
  • Written quotations available
  • Security may be required
  • Overdrafts are repayable on demand

Listening to you – Our complaints procedure

Our commitment

Brown Shipley is committed to providing the highest level of service to our clients. Unfortunately, mistakes can happen and we may fail to meet your expectations. If for any reason you are not entirely satisfied with any aspect of our service, we would like to hear from you. That way, we can make relevant enquiries, endeavour to put things right for you and improve our service.

This page explains how any complaint that you may have will be dealt with by us.

How to make a complaint

You may wish to address your concerns directly to your adviser or alternatively you may refer it to our Business Assurance team who are ultimately responsible for handling complaints. Regardless we will endeavour to deal with your complaint thoroughly and promptly.

If you wish to address your complaint directly to the Business Assurance team then you can contact them in the following ways:

In writing:
The Business Assurance Team
Brown Shipley & Co. Limited
3 Hardman Street
Manchester
M3 3HF

By telephone:
0161 214 6500

By email:

Business.Assurance@brownshipley.co.uk

Investigation of your complaint

On receipt of your complaint we will undertake a full independent review. Our aim is that your complaint will be resolved as quickly as possible by staff that possess the right experience, knowledge and authority.

Where it is possible to resolve your concerns within three working days Business Assurance will subsequently write to you acknowledging your complaint and confirm the basis on which it has been resolved (this is known as a summary resolution letter). The purpose of this letter is to ensure you are satisfied with the outcome.

If we are unable to resolve your complaint within these three working days, we will write to let you know:

  • That we are dealing with your complaint;
  • The name, position and contact details of the person who will be looking into your complaint; and
  • When we will contact you again.

How we will respond

Following our investigation we will send you a final response letter confirming our decision and the rationale for this.

The majority of complaints we handle fall within the FCA’s dispute handling rules and in the event that we have not resolved your complaint at the end of eight weeks, we will write to you giving reasons for the delay and informing you when our response is likely.

Unregulated complaints, for example trusts over £1m are not beholden to regulatory timescales however we will still contact you after eight weeks if we have been unable to resolve your complaint.

Complaints relating to payment services will receive a notification letter as above after 15 working days if we have been unable to resolve your complaint within that time.

Complaints relating to data protection issues will receive a notification after 40 days if we have been unable to resolve your complaint.

We will confirm how your complaint has been categorised as part of our acknowledgement

If you are not happy with our response

We aim to resolve all complaints internally to your satisfaction. On regulated complaints if we have been unable to resolve your complaint within eight weeks of receiving it (or 15 working days for payment service complaints), or should you be unhappy with our final response, you can request a review from the Financial Ombudsman Service (“FOS”).

If you would like the FOS to look into your complaint, you should contact them within six months of the date of the final response issued to you. You can contact the FOS in the following ways:

In writing:
The Financial Ombudsman Service
Exchange Tower
London
E14 9SR

By telephone:
0800 023 4 567

By email:
complaint.info@financial-ombudsman.org.uk

Online:

An online complaint form can be found on www.financial-ombudsman.org.uk/contactus

Further helpful information can be obtained directly from FOS or from its website www.financial-ombudsman.org.uk

Further helpful information can be obtained directly from FOS or from its website www.financial-ombudsman.org.uk

Unregulated complaints are likely to fall out of the scope of FOS to investigate however we will confirm the option of referring to them so they can make a decision on jurisdiction. Complaints relating to SSAS administration are likely to come under the auspices of the Pension Ombudsman Service and we will provide their contact details on acknowledging your complaint.

Data protection complaints may fall under the jurisdiction of the Information Commissioners Office and we will confirm details on acknowledging your complaint.

Complaints about SVS Brown Shipley Funds

If you wish to complain about any aspect of the Brown Shipley Funds (i.e. any of the Brown Shipley Multi Asset Funds or Brown Shipley Sterling Bond Fund) then please, in the first instance, forward your complaint to Smith & Williamson Fund Administration Limited (trading as St Vincent St Fund Administration) who act as the Authorised Corporate Director (ACD) for the above mentioned funds.

Smith & Williamson Fund Administration Limited can be contacted:

In writing:
Smith & Williamson Fund Administration Limited
25 Moorgate
London
EC2R 6AY

By telephone:
0141 222 1151

 

Brown Shipley is a trading name of Brown Shipley & Co Limited, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority (12 Endeavour Square, London, E20 1JN) and the Prudential Regulation Authority. Registered in England and Wales No. 398426. Registered office: Founders Court, Lothbury, London EC2R 7HE. Brown Shipley’s parent company is KBL European Private Bankers which, from Luxembourg, heads a major European network of private bankers. Telephone calls may be monitored for security purposes.

 

To help us improve our service we  record or monitor all telephone conversations with you for regulatory purposes. Our telephone records and e mail communications will be retained for a period of at least seven years. You may request access to the records we hold.

 

 

 

To keep up to date with our latest rates and prices click here

Our Order Execution Policy describes how we consider and treat our customers fairly when buying and selling investments on their behalf. Please download a copy of our policy by clicking here.

Our Annual Best Execution Disclosure provides information around execution venues and the quality of our order execution. Please download a copy of our disclosure here.

Verified by VISA Service

To participate in the Verified by VISA Service, click here.

VISA Infinite Travel Insurance Benefit Schedule

To view the VISA Infinite Travel Insurance Benefit Schedule, click here.

Important telephone numbers

Lost / stolen card and fraud Line
+44 (0) 1268 567 421

Customer Services
+44 (0) 1268 567 235

Personal assistance, concierge & travel emergency
0845 601 6301

Personal assistance, concierge & travel emergency (if calling from outside UK)
+44 (0) 1733 862 946

Personal Travel Planning Service
0845 601 6301

Terms and conditions

Please download a copy of our VISA Infinite Terms and Conditions by clicking here.

The Financial Conduct Authority requires us to publish the following information about our personal current accounts.

The Fee Information Document can be downloaded here.

Information about operational and security incidents

We are obliged to notify the Financial Conduct Authority if we become aware of a major operational or security incident which prevents our customers from using our payment services.

In the 3 months between 1 April 2018 and 30 June 2018 In the 6 months between 1 April 2018 and 30 Sept 2018
 Total number of incidents reported 0 0
 Incidents affecting telephone banking N/A N/A
 Incidents affecting mobile banking N/A N/A
Incidents affecting internet banking N/A N/A

Please note: Brown Shipley Payment Services do not include telephone, mobile or internet banking.

Complaints data

Financial Conduct Authority rules require us to provide them with a report of our complaints data every six months. In certain circumstances, we are also required to publish a summary of our complaints data.

We are not required to publish a summary of our complaints data for the most recent six month period.

The Financial Ombudsman Service publishes its complaints data every six months. Its most recent publication does not contain any data relating to us.

Please click here to download a glossary of the terms we use when describing your payment account.

 

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