Terms and Conditions
Please read carefully the following Terms and Conditions. By accessing the Website you are agreeing to abide and be bound by such Terms and Conditions.
No charge is made for your use of the Website, although you should be aware that telephone call charges, at rates determined by your telephone operator, may apply.
In these Terms and Conditions the following terms shall have the meanings set out below:
“Goldsmith Invest” is a trading style of “Goldsmith Financial Solutions”, registered office is at Harwell Innovation Centre, 173 Curie Avenue, Harwell, Oxfordshire, OX11 0QG, also referred to as; “GFS”, “we”, “us” and “our”.
2. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
You may not do any of the following without prior written permission from us:
- reproduce other than allowed under the Acceptable Use Policy, modify any of the content;
- remove the copyright or trade mark notice(s) from any copies of content;
- You may not use our trademarks without our prior written permission, and then only in accordance with the rights you have been granted.
In accessing the Website you agree not to:
- impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
- damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair its functionality;
- make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website;
- publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
- threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
- falsify the true ownership of software or other material or information contained in files made available via the Website;
- obtain or attempt to obtain unauthorised access, through whatever means, to the Website;
- abuse or misuse the Website in any other way;
- assist others to do any of the above.
3. E-mail Policy
We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail (“e-mail”) which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.
You agree that we have no control over third party content and information which can be accessed using the Website and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that except for death or personal injury arising through our negligence, to the fullest extent permitted by law, we exclude any liability whatsoever for any loss or damage arising from use of the Website.
We take all such steps as are reasonably necessary to provide a fast and reliable website, but exclude to the fullest extent permitted by law any liability for the security of the services on the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.
We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Websites. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
A person who is not a party to this Agreement may not exercise any rights under the Contracts (Rights of Third Parties) Act 1999.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.
6. Software and Security
We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Website.
7. Changes to these Terms and Conditions
We reserve the right to make changes to any part of the Website. Due to our policy of updating and improving the Website, it may therefore be necessary to change these Terms and Conditions. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Website.
We may terminate the provision of the Website or restrict your access to it without any prior notice to you where (by way of example and without limitation):
- there is a regulatory or statutory change limiting our ability to provide a Website;
- any event beyond our reasonable control prevents us from continuing to provide a Website; or
- we consider in our sole discretion that it is necessary to do so.
9. Additional Services
From time to time we may provide services through the Website however, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
Your dealings with any third parties, in particular advertisers and/or merchants, via the Website, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings.
11. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.
If you have any queries concerning any part of these Terms and Conditions please contact us by email, using the address indicated in the Website.
14. Data Protection
You shall comply with any obligations under the Data Protection Act 1998 (the “DPA”), the Data Protection Act 2018 (DPA 2018) and any applicable regulations in respect of any Personal Data and Sensitive Personal Data (as defined under the DPA) (the “Data”) which you or your Authorised Users submit to us.
You will upon reasonable request permit us or one of our nominees to access your records so as to verify the transmission or content of the information provided by your use of the Portal.
For further information please refer to our Privacy Notice.