Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

1. General

ARC Research Limited is a subsidiary of ARC Group Limited and an affiliate of Asset Risk Consultants Limited, Asset Risk Consultants (UK) Limited and Asset Risk Consultants (Jersey) Limited. ARC Research Limited ("ARC", "our", "us", and "we") operates www.suggestus.com and Asset Risk Consultants Limited operates www.assetrisk.com (our "Sites").

By using our Sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Sites.

2. Information about ARC Group

ARC Research Limited is a company registered in the Island of Guernsey (company number 39984), has its registered office at 7 New Street, St Peter Port, Guernsey GY1 2PF. ARC Research Limited can be contacted by telephone on +44 (0) 1481 817777.

Asset Risk Consultants Limited is a company registered in the Island of Guernsey (company number 30293), has its registered office at 7 New Street, St Peter Port, Guernsey GY1 2PF and is licensed by the Guernsey Financial Services Commission under the Protection of Investors (Bailiwick of Guernsey) Law, 1987, as amended (reference number 92296).

Asset Risk Consultants (UK) Limited is a company registered in England and Wales (company number 08858600), has its registered office at 114 St. Martin’s Lane, Covent Garden, London, WC2N 4BE and it is authorised and regulated by the Financial Conduct Authority (reference number 652972).

Asset Risk Consultants (Jersey) Limited is a company registered in the Island of Jersey (company number 100579), has its registered office at Charter Place, 23-27 Seaton Place, St Helier, Jersey JE2 3QL and is regulated by the Jersey Financial Services Commission (reference number IB0257).

3. Disclaimer

The information, materials and opinions contained on our Sites are intended for professional advisers and trustees, who deal with the affairs of private clients and charities located in the Island of Guernsey, the Island of Jersey or the United Kingdom, for general information purposes only, are not intended to constitute professional advice, and they should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Neither ARC, nor any other ARC entities, accepts any responsibility for any loss which may arise from reliance on information, materials or opinions published on our Sites. If you wish to find out more about the information published on our Sites, please contact us.

We do not give any warranties or undertakings or make any representations in relation to the content of our Sites. In particular, we do not give any warranties or undertakings or make any representations about the quality, accuracy, completeness or fitness for any particular purpose of the content of our Sites and/or to the content of any other website referred to or accessed by a hypertext link through our Sites.

In particular, our Sites may provide information, articles and material that are written and prepared by individuals who are not employees or representatives of ARC. Such information, articles and material are provided for information purposes only. ARC is not responsible for the contents or accuracy of such information, articles or material, and any recommendations or opinions that may be expressed in such information, articles or material must not be taken as recommendations or opinions of ARC.

Any charts, information, figures, manager lists, reports or results provided on the Sites ("Data") are based on historical information and past performance is not indicative of future performance. Some of the Data is computed using complex calculations and the results are provided for information purposes only and are not an indicator of suitability for any specific investment or other requirements. The Data provided on our Sites may be amended, deleted or updated at any time without notice.

ARC does not guarantee the performance of any investment, portfolio or the return of an investor's capital or any specific rate of return. ARC accepts no liability for any investment decision made on the basis of the Data contained on our Sites.

4. Copyright

The PDF materials published on our Sites are, unless otherwise stated, the copyright works of ARC or another ARC entity. You may download content from our Sites to a local hard disk and/or print extracts for any non-commercial purpose. You may also copy materials on our Sites to third parties, provided that any such copy is complete, not amended, accurate and not misleading, provided free of charge, acknowledges ARC as its source and prominently features both this copyright notice and the ARC website address of www.assetrisk.com.

You may provide a link to our Sites from any other business information or business service website, but not (save with our prior written agreement) in any way which creates the impression that we are associated with or have approved such other site. Apart from this, you may not reproduce or store any part of our Sites on any other website without our prior consent. Any request for copying outside the scope of this permission should be directed to ARC via the contact form.

5. ARC Indices

Usage of ARC Indices does not require a licence and is free of charge subject to the following restrictions:

  • (a) The user may not alter, modify, merge, copy, distribute, transfer or adapt ARC Indices in any way whatsoever;
  • (b) The user may not permit ARC Indices to be combined with or to become incorporated in any third party (including to persons within any organisation you may be acting for or in relation to) software or database;
  • (c) The user may not incorporate ARC Indices into any website;
  • (d) The user may not sell or otherwise redistribute, supply, dispose of, transfer or sub-licence ARC Indices to any third party (including to persons within any organisation you may be acting for or in relation to); and
  • (e) The user may not use ARC Indices (in whole or in part) on behalf of or for the benefit of any third party (including any organisation you may be acting for or in relation to) including providing any bureau services.

Any usage of ARC Indices that breaches any of these restrictions is subject to prior written approval by ARC and any additional conditions or charges that ARC may apply. For the avoidance of doubt, please check which of the four user categories set out below applies to you. Incorrect usage will incur a penalty of £25,000 (or such other amount as considered proportionate to the loss suffered due to breach of the restrictions, as determined by ARC or as judicially determined by the Courts of the Island of Guernsey) for each calendar year during which the usage terms were breached.

Investors

For all private clients, charities and trustees, the usage of ARC Indices does not require a licence and is free of charge for the purpose of placing the performance of their portfolios into peer group context provided none of the five restrictions listed above are breached.

Advisers (including IFAs)

For those acting in an advisory capacity to private clients, charities or trustees, usage of ARC Indices does not require a licence and is free of charge provided that none of the five restrictions listed above are breached. For the avoidance of doubt the phrase "bureau services" does not include reports created using this website or those created using software where that software supplier already holds the appropriate licence.

Discretionary Investment Managers/Fund Management Houses

Usage of ARC Indices by discretionary investment managers and fund management houses for commercial purposes is automatically deemed to be in breach of the restrictions above and therefore all such users require a licence.

Data Vendors/Software Suppliers

Usage of ARC Indices by data vendors/software suppliers is automatically deemed to be in breach of the restrictions above and therefore all such users require a licence.

IF YOU ARE UNCERTAIN AS TO WHETHER YOU ARE ALLOWED TO USE ARC INDICES FOR ANY PARTICULAR PURPOSE WE STRONGLY RECOMMEND THAT YOU CONTACT US IN ORDER TO AVOID POTENTIALLY BECOMING LIABLE FOR PENALTY CHARGES.

6. Changes to our Sites

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

7. Accessing our Sites

We do not guarantee that our Sites, or any content on it, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Sites.

You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our Sites are directed to people residing in the Island of Guernsey, the Island of Jersey and the United Kingdom. We do not represent that content available on or through our Sites is appropriate or available in other locations. We may limit the availability of our Sites or any service or product described on our Sites to any person or geographic area at any time. If you choose to access our Sites from outside the Island of Guernsey, the Island of Jersey and the United Kingdom, you do so at your own risk.

8. Limitation of our Liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or any content on them, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • (a) use of, or inability to use, any of our Sites; or
  • (b) use of or reliance on any content displayed on any of our Sites.
  • Please note that in particular, we will not be liable for:
  • (a) loss of profits, sales, business, or revenue;
  • (b) business interruption;
  • (c) loss of anticipated savings;
  • (d) loss of business opportunity, goodwill or reputation; or
  • (e) any indirect or consequential loss or damage.

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

We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

ARC accepts no liability for any agreements entered into between you and any contributors of information to our Sites. You enter into those agreements at your own risk and you should consult a professional adviser to specifically advise you as to whether the services provided by such contributors are suitable for your individual needs and aims as an investor. You should always complete your own analysis and/or seek appropriate professional advice before entering into an agreement with any such contributor.

Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms of Services.

9. Uploading content to our sites

Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Sites, you must comply with our content standards.

These content standards apply to any and all material which you contribute to our Sites ("Contribution(s)"), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following content standards. The content standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • (a) Be accurate (where they state facts);
  • (b) Be genuinely held (where they state opinions); and
  • (c) Comply with applicable law in the Island of Guernsey and in any country from which they are posted.

Contributions must not:

  • (a) Contain any material which is defamatory of any person;
  • (b) Contain any material which is obscene, offensive, hateful or inflammatory;
  • (c) Promote sexually explicit material;
  • (d) Promote violence;
  • (e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • (f) Infringe any copyright, database right or trade mark of any other person;
  • (g) Be likely to deceive any person;
  • (h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • (i) Promote any illegal activity;
  • (j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • (k) Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • (l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • (m) Give the impression that they emanate from us, if this is not the case; or
  • (n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such Contribution does comply with those standards, and you will be liable to us and hereby fully indemnify us for any breach of that warranty.

In respect of any Contribution that relates to another person, you warrant that you have the prior express consent of that person before uploading such Contribution.

Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites 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 content posted by you or any other user of our Sites.

We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with our content standards.

You are solely responsible for securing and backing up your content.

10. Viruses

We do not guarantee that our Sites will be secure or free from bugs or viruses or anything similar.

You are responsible for configuring your information technology, computer programmes and platforms in order to access our Sites. You should use your own virus protection software.

You must not misuse our Sites 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 Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. 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 Sites will cease immediately.

11. Advertisements on our sites

Any advertisements, such as banner adverts, promotional images, text or other material provided by a third party that appear on the Sites are not the responsibility of ARC and no warranties or guarantees are given whatsoever in respect of the products and services offered by advertising companies.

12. Third Party Data

Data on our Sites may incorporate information from third parties which may be subject to additional restrictions concerning their use. Details of these restrictions are provided below:

Morningstar

Certain of the information contained in www.suggestus.com (1) is proprietary to Morningstar UK Limited and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

Users of www.suggestus.com (Users) may utilize Morningstar Open Indexes within www.suggestus.com only as described herein;

  • (a) May perform research, run reports, comparisons or other analysis on investments using Morningstar Open Indexes.
  • (b) May not facilitate the export of raw data from www.suggestus.com.
  • (c) Any output that includes Morningstar Open Index information (Output) may only be distributed if the User has signed a separate agreement with the MorningStar UK Limited that expressly permits such distribution, save for the following instances:
    • (i) If the Output is incorporated into a one-off report or presentation. The Output may not be distributed as a standalone product.
    • (ii) If the Output is only distributed on a limited, ad hoc basis and not used as part of a general mailing or included in external websites or distributed in other mass communication vehicles or formats, including, but not limited to, advertisements.

13. Governing Law and Jurisdiction

These terms of use and the contents of our Sites are governed by the laws of the Island of Guernsey and the Courts of the Island of Guernsey shall have exclusive jurisdiction to hear any claim or dispute in relation to them.

Last updated 20/06/2024