Part A - Company information
Scope of these Terms & Conditions
Accessing this Website and our services
Disclaimer: Reliance on information posted and security
Disclaimer: Links, third party information and websites
Copyright and trademarks
Information you submit through this Website
Receipt and sending of communications
Jurisdiction and applicable law
Assignment of rights and sub-contracting
Part B - Regulatory Matters
Part C - Local country variations
Last updated: November 2015
Terms and Conditions
BEFORE YOU START TO USE THIS WEBSITE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND CONTACT US (DETAILS BELOW) IF YOU HAVE ANY QUESTIONS. “PART A” INCLUDES GENERAL COMMERCIAL TERMS GOVERNING YOUR USE OF THIS WEBSITE. “PART B” CONTAINS TERMS RELEVANT TO FINANCIAL SERVICES REGULATORY MATTERS. BOTH PARTS INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON OUR LIABILITY TO YOU. YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 4, 5 AND 8 OF “PART A” WHICH CONTAIN RESTRICTIONS ON OUR LIABILITY TO YOU.
BY USING THIS WEBSITE YOU WILL BE INDICATING THAT YOU ACCEPT AND WILL COMPLY WITH THESE TERMS AND THAT YOU HAVE READ OUR PRIVACY AND COOKIES POLICY WHICH IS INCORPORATED INTO THESE TERMS.
This website (“Website”) is operated by M&G Securities Limited (“M&G”/”we”/”us”/”our”). The various M&G financial products detailed on this website are managed by M&G or the associated M&G companies in the M&G Limited group and there is further reference to this in Part B below. For users in certain countries these Terms & Conditions will be subject to local law variations – see Part C.
M&G Securities Limited (authorised and regulated by the Financial Conduct Authority) is the Authorised Corporate Director of M&G Funds (defined in Part B below. Registered Office: Laurence Pountney Hill, London, EC4R 0HH. Registered in England No. 90776 and on the FCA’s Financial Services Register no. 122057 (www.fca.org.uk/register).
M&G Securities Limited provide ISAs and other investments.
In the UK, The M&G ISA is managed by M&G Securities Limited and, unless otherwise stated, the portfolios of M&G Funds are managed by M&G Investment Management Limited (authorised and regulated by the Financial Conduct Authority). Registered Office: Laurence Pountney Hill, London, EC4R 0HH and on the FCA’s Financial Services Register no. 119328 (www.fca.org.uk/register/).
These Terms, as amended by us from time to time, set out the basis on which you may use this Website and provide information about the way we provide the various M&G financial products and related services detailed on this Website.
The content of this Website is intended for financial advisers and investment professionals only.
This Website contains some information and services that is/are freely available and accessible to all United Kingdom based users and users in the other countries listed in Part C (below).
These Terms are effective from June 2015. We may change them from time to time by updating this page so please revisit and reread it periodically. We may change the content or availability of any of the information or services available through this Website (including changing these Terms) or add additional services.
You are responsible for making all arrangements necessary for you to have access to this Website and for all telephone, internet service provider and other costs incurred in accessing and using this Website. You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms (including our Privacy and Cookies Policy) and that they comply with and accept them, as relevant.
Financial advisers and investment professionals are only permitted to use this Website in relation to its/their investment activity and not for any other commercial purposes.
You may not in any way resell any of these services or make these services available to any third party.
You must not establish a link to any pages of this Website from another website or document without our prior written consent. See “Contact Us” below.
You agree that you will provide us with full and accurate details whenever you submit personal information through this Website and that you will promptly notify us in writing if those details change at any time. See “Contact Us” below. We may stop the provision of any services to you through this Website if we discover or have reason to suspect that the information or details you have given to us is/are false, misleading, inaccurate or incomplete.
Whilst M&G uses every reasonable effort to maintain the availability of this Website, we cannot guarantee its availability or the continuation of the services offered through it or that access will be uninterrupted or error free. From time to time, we may restrict access to some parts of this Website, or this entire Website, to users irrespective of whether they are registered users, as relevant.
Whilst M&G uses every reasonable effort to ensure that the accuracy of the information contained on this Website which was prepared by or on behalf of M&G (as distinct from third party content – see “Disclaimer: Links, third party information and websites” below) as at the date of publication, all such information is provided “as is” and this means that except where prohibited by law no warranties are given, whether express or implied, as to the reliability, accuracy, suitability or completeness of the information.
No company in the M&G Limited group, which includes M&G, accepts any liability for any use, or misuse, of the information presented on this Website or for any loss or damage which may arise from access to or reliance on information published on this Website, except where that liability may not be excluded or limited by law. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which are not expressly set out in these Terms (including our Privacy and Cookies Policy). This does not affect any mandatory legal rights that cannot be excluded under applicable law. Nothing in these Terms shall limit or exclude our liability (if any) for:
- fraud or fraudulent misrepresentation;
- personal injury or death resulting from our negligence;
- our breach of our statutory obligation to provide the website and related services with reasonable skill and care; or
- any other matter for which it would be illegal for us to exclude, or attempt to exclude, liability.
We take all reasonable precautions to seek to keep secure all confidential information you send to us, including precautions against unauthorised access or loss. However, in common with all website operators, we cannot guarantee the security of any data transmitted by Internet email or through this Website. Please do not communicate with us by these methods unless you accept the security implications of dealing online. We strongly recommend that you do not send us any confidential information or commercially sensitive information or sensitive personal data (e.g. data about health or medical conditions, actual or suspected crimes) by email or through this Website. Communications sent by you via Internet email, or through this Website, are sent at your own risk.
This Website may contain, or be linked to, advice or statements from third parties. No company in the M&G Limited group, which includes M&G, makes any representation as to the accuracy, completeness, timeliness or suitability of such information and we have not, and will not, review or update such information. Any use made of such information is at your own risk.
Some of the information contained on this Website may also have been prepared or provided by third parties and may not have been verified by us. Except where prohibited by law (see above), no warranties are given, whether express or implied, as to the reliability, accuracy, suitability or completeness of the information. No company in the M&G Limited group, which includes M&G, accepts any liability for any use, or misuse, of the information published on this Website, except where that liability may not be excluded or limited by law (see above).
The links we provide from this Website to other websites are provided for information only. Other sites may link to this Website. We do not assume any responsibility or liability with respect to any website accessed via this Website or linking to this Website or for any of the content on those websites. Those websites will have their own terms and privacy policies and you should read them carefully before using those sites.
The presence of any advert on this Website is not an endorsement of the goods, services, business or website advertised.
Except where indicated otherwise, the copyright subsisting in the content on this Website and in the materials made available through this Website, including in all information, text, images and layout is the exclusive property of M&G or another company in the M&G Limited group or is licensed to M&G for use on this Website. You are only permitted to print, copy, download or temporarily store extracts of content which is owned by M&G companies as strictly necessary and for your personal use, provided that you do not change or remove any copyright notices. You are not permitted to distribute or otherwise make available or communicate to the public any part of the same. All copyright and other intellectual property rights shall continue to be held by or used under licence by M&G or the other companies in the M&G Limited group, as relevant, and no rights of any kind in it shall pass to you.
Copyright in certain content and materials is owned by third parties and is reproduced on or made available through this Website with the permission of the third party copyright owners pursuant to licences to M&G or the other companies in the M&G Limited group, as relevant. You are not permitted to print, copy, download or temporarily store extracts of any content which is owned by third parties and used by M&G companies on this Website under licence. This means that where you see a disclaimer at the end of or beside links to e.g. videos on this Website you must not print, copy, download or temporarily store any part of that content whatsoever.
The trademarks and logos shown on this Website are either owned by M&G, other companies in the M&G Limited group, or a third party. No rights are granted to use any trade marks on this Website without the prior written consent of M&G.
You agree that you will not:
- Place on or submit through this Website any information or material which is abusive, illegal, threatening, defamatory, obscene, pornographic,discriminatory or otherwise offensive or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or is otherwise contrary to the law or would infringe the rights of M&G or any other companies in the M&G Limited group, or those of any third party;
- Place on or submit through this Website any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
- Interfere with the operation or content of this Website.
Any attempt to damage this Website may be illegal and we reserve the right to seek damages from you in relation to that and in accordance with applicable law.
No company in the M&G Limited group, which includes M&G, accepts any liability for any loss or damage caused by any viruses or other technologically harmful material that may infect your PC or other device, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it, except where that liability may not be excluded or limited by law (see above).
Communications which we send to you by email or through the “Contact Us” page on this Website will be deemed received by you immediately upon sending. We will not be obliged to seek any acknowledgement of receipt from you in respect of such emails. No company in the M&G Limited group, which includes M&G, accepts any liability for any delay or failure of delivery (for whatever reason) of any such email except where that liability may not be excluded or limited by law (see above). If we have addressed such communications to your email address, then we will not have breached any duty of confidentiality owed to you, even if they are seen by any other person as a result.
Communications sent by you to us by email or through the “Contact Us” page on this Website will be deemed received by us upon actual receipt by a system under our control.
Subject always to local laws in your own country, as applicable and as relevant (see below – Part C) use of this Website and the content and materials available on or through this Website, together with these Terms, are governed by and interpreted in accordance with English law and by using this Website you agree to submit to the exclusive jurisdiction of the English courts.
We may, at any time, assign any or all of our rights or obligations under these Terms to any person. This includes but is not limited to any person which takes on responsibility for operating this Website or provides the M&G investment products and related services. This includes assignments where necessary as part of any restructuring relating to M&G and its business or assets, or as part of a sale of M&G or, as relevant, another company in the M&G Limited group, or its/their assets.
Any rights granted to you and obligations incurred by you under these are personal to you and may not be transferred to any third party. We may, at any time, sub-contract the performance of all or any of our obligations under these Terms.
If we do not exercise any right or remedy which we have under these Terms this does not mean we have waived our right to it or any other right or remedy of ours.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the other provisions will remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this Website.
These Terms (including our Privacy and Cookies Policy) contain the entire agreement between you and us regarding their subject matter and they supersede all prior communications, representations, warranties, stipulations, undertakings and agreement between the parties. Nothing in these Terms shall, however, operate to limit or exclude the liability of either party for any fraudulent misrepresentation.
Details of the M&G Funds available for investment in your jurisdiction along with the Instrument, Prospectus, Key Investor Information Document and Annual and Interim Report and Accounts can be found via www.mandg.com and selecting the relevant country.
16. Contact us
Users outside the UK should read Part B of the Terms & Conditions on the investment professional facing websites in your country – please use the following link and select the relevant jurisdiction: www.mandg.com
We, i.e. M&G Securities Limited only promote the packaged products and services of M&G Securities Limited, including mutual funds operated or managed by M&G companies (the “M&G Funds”). In the UK only, we also manage the M&G ISA. We do not give advice or make personal recommendations to investors. Fees paid to persons who introduce business to M&G (introducer services) are paid for by fund managers and other persons to whom we introduce business. We do not charge investors for our introducer services.
Our registered office is at Laurence Pountney Hill, London EC4R 0HH. You can also contact us at email@example.com. Our VAT number is GB 235323781.
We are authorised and regulated by the Financial Conduct Authority, which can be contacted at 25 The North Colonnade, Canary Wharf, London E14 5HS. Investors who use our services are protected by the Financial Services Compensation Scheme for any amounts that we are unable to pay up to a maximum of £50,000 for each investor and subject to the rules of the scheme.
This Website is provided exclusively for the information and use of financial advisers and other persons to whom financial services may be promoted in accordance with articles 19 and 47 to 51 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. Any person who does not fall within this description may not access, use or rely on this Website and the information contained in it.
Except as may be otherwise indicated in Part C (below), the information on this Website is directed at financial advisers and investment professionals in the United Kingdom and is not to be regarded as an offer to buy or sell, or the solicitation of an offer to buy or sell, securities or investments in any jurisdiction other than in the United Kingdom. The availability of each M&G Fund in any jurisdiction other than the United Kingdom is subject to restrictions set out in the prospectus for that fund. Except as set out in the relevant prospectus, the M&G Funds and shares in those funds have not been registered or approved for distribution under the laws of any jurisdiction other than the United Kingdom. Copies of the prospectus and recent annual and interim accounts for each M&G Fund can be obtained on the website of your country via www.mandg.com.
Specifically this Website is not intended for use by any person in the United States. Shares in M&G Funds have not been and will not be registered under the United States Securities Act of 1933, as amended, or registered or qualified under the securities laws of any state of the United States and may not be offered, sold, transferred or delivered, directly or indirectly, to any investors within the United States or to, or for the account of, US Persons except in certain limited circumstances pursuant to a transaction exempt from such registration or qualification requirements. None of the shares have been approved or disapproved by the US Securities and Exchange Commission, any state securities commission in the United States or any other US regulatory authority, nor have any of the foregoing authorities passed upon or endorsed the merits of the offering of the shares or the accuracy or adequacy of the prospectus. The Funds will not be registered under the United States Investment Company Act of 1940, as amended.
Financial advisers and investment professionals who are based in and/or who are otherwise using this Website in the following countries should note certain variations to these Terms:
This Website is operated and hosted by M&G Securities Limited.
The phone number is 01 71 70 30 20 and email: firstname.lastname@example.org.
The content of this Website exclusively serves for informational purposes and no distribution within the meaning of Sec. 293 of the German Investment Code (Kapitalanlagegesetzbuch, KAGB) takes place via this Website. The information on this Website does neither constitute a personal recommendation nor an (investment) advice.
Clause 4 (d): Liability of a company in the M&G Limited group, which includes M&G, shall not be limited or excluded in case of intentional breach of contract or where a guarantee was given.
Clause 9: The mandatory provisions of the state in which you have your habitual residence shall not be affected by the choice of law
Clause 9: The terms and conditions and any matters arising from them whether contractual or non-contractual are governed by Irish law and you agree to submit to the exclusive jurisdiction of the Irish courts.
M&G operates in Spain through a registered branch before the Comisión Nacional del Mercado de Valores (CNMV) under official registered number 79, M&G International Investments Ltd. Branch in Spain, with registered office at Plaza de Colón 2, Torre II, 14th floor, 28046, Madrid, Spain, registered in the Madrid Commercial Register in volume 35273, sheet 30, page M-586297, registered company number W-8264591-B, telephone number 0034 915615253, fax number 0034 913195389 and e-mail address email@example.com. The corporate purposes of the company are carrying out of promotional recommendations, including market investigation, consumer analyses and tailoring the commercial strategy of the MGIIL to specific characteristics of the Spanish market. Said branch has been registered in October 17th 2014 as an Investment Company of the European Economic Area with branch.
This Website only offers general information related to financial services to professional investors; further, you will not be able to contract any of our funds or financial services through this website. The information contained within is not to be taken as recommendation or advice. M&G does not provide financial or tax advice to professional investors located in Spain. To invest in our fund you must contact with you bank entity, a financial adviser or one of our authorized distributors.
Parts A and C of these terms and conditions can be read in English. The regulatory information, to which there is a URL link in Part B, can be read in Spanish.
The use of this Website or its content (including without limitation its videos) in a different manner to which is authorised hereto and without prior and written consent by M&G is strictly prohibit, who may revoke the authorisation given pursuant to these terms & conditions. The non-authorised use of this website could be deem as well as an infringement of the applicable laws, including trademark and copyright laws and any other regulations related to communications.
This Website is provided exclusively for the information and use by, and its content is exclusively intended for, qualified investors according to the Swiss Collective Investment Schemes Act, the Swiss Collective Investment Schemes Ordinance and the respective Circular issued by the Swiss Financial Market Supervisory Authority FINMA. This Website and the information contained in it are not directed at and should not be accessed or used by non-qualified investors.
The M&G Funds are incorporated in England & Wales . The prospectus, key investor information document (KIID), the instruments of incorporation, annual report and subsequent semi-annual report of the M&G Funds may be obtained free of charge from Carnegie Fund Services S.A ., 11, rue du Général-Dufour, CH-1204 Geneva (who acts as the Swiss representative of the M&G Funds) and J.P. Morgan Chase Bank, National Association, Columbus, Zurich Branch (who act as the Swiss paying agent) or from [the Authorised Corporate Director: M&G Securities Limited, Laurence Pountney Hill, London, EC4R 0HH, GB] . The M&G Funds may not be approved for distribution to non-qualified investors by the Swiss Financial Market Supervisory Authority FINMA. Access to documents and information about the M&G Funds may accordingly be restricted depending on the investor’s qualification under Swiss law.