Effective from 26th June 2018

Who we are

This Website (www.walterscott.com) is operated by Walter Scott & Partners Limited (“We” or “Walter Scott”). We are registered in Scotland under company number SC093685 and have our registered office at One Charlotte Square, Edinburgh, EH2 4DR. Our VAT number is GB 577718195. Walter Scott is authorised and regulated by the Financial Conduct Authority (“FCA”). The FCA’s Head Office is at 12 Endeavour Square, London E20 1JN (see www.fca.org.uk).

Acceptance of Terms

Please read these terms and conditions (“the Terms”) carefully. By accessing any page of this Website, you agree to be bound by the Terms below. If you do not agree to the Terms, please do not access any pages of this Website. These Terms are a legal document setting out your rights and obligations and those of Walter Scott in relation to this Website. These Terms contain the full and complete understanding between Walter Scott and you. No advice or information, whether oral or written, obtained by you through or from the Website or from any conversation with Walter Scott, its staff or a Professional Financial Adviser will operate to vary these Terms. These Terms may be amended by Walter Scott without notice to you. Your continued use of the Website following any changes will mean that you accept such changes.

Availability of Website

The Website is made available free of charge. Walter Scott does not guarantee that the Website, and any content on it, will be available and uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. Walter Scott reserves its right to restrict, suspend or terminate your use of this Website at any time in its absolute discretion.

Content of Website

Whilst considerable care has been taken to ensure the information contained within this Website is accurate, complete and up-to-date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. All content and products referred to on this Website are subject to change without notice. Walter Scott may amend the Website and its products and services at any time with or without notice to you. You agree that Walter Scott shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the Website or any products or services offered through the Website.

Third Party Websites

Walter Scott accepts no responsibility for any information contained in any Website accessed via a hypertext link from this Website. Any such links are provided for your information only and should not be interpreted as approval by us of those linked websites or information you may obtain from them. The content, accuracy and opinions expressed in such third party websites are not checked, analysed, monitored or endorsed by us. Access to any third party website is at your own risk. You agree that Walter Scott has no responsibility or liability for any third party website and that Walter Scott shall not be liable in any way for any damage or loss caused in relation to the content, goods, products or services available through such third-party website.

Use of the Website

You agree that you will only use the Website in a way which is consistent with the Terms and which complies with applicable laws and regulations. In particular, you agree that you will not use the Website to send or upload any material containing software, viruses or other codes, programs or files designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt the Website. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website and you should use your own virus protection software.

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage Walter Scott’s reputation or take advantage of it. 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. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. You may not make a link or make any use of content on our Website other than as set out above, without the prior written approval of Walter Scott.

Advice

The content of the Website is provided for general information only and does not constitute investment advice or a recommendation of any investment. Walter Scott does not offer investment advice on the merits or suitability of its products and no information contained within this Website should be construed as such. You must obtain professional advice before taking, or refraining from, any action on the basis of the content on the Website.

Liability

Walter Scott accepts no liability for loss, damages or expenses whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, which you may suffer or incur directly or indirectly in connection with: (a) the use of or inability to use this Website or any services; or (b) the use of or reliance on any content displayed on the Website; or (c) any other matter relating to the content, services, or distribution of services through this Website. Nothing in these Terms excludes any liability that may not be limited or excluded by law.

Downloading and Copying

You may download materials and information from the Website to a single personal computer and/or print a hard copy of any materials and information from the Website in order to help you decide whether to invest in any Walter Scott product and/or to take advice from a Professional Financial Adviser regarding any Walter Scott product provided that you do not delete, change or modify such materials in any way. Except for this limited licence you may not copy, reproduce, re-publish, upload, post, transmit or distribute any material or information from this Website in any way. Doing so may constitute an infringement of Walter Scott and/or a third party’s copyright and other intellectual property and/or may constitute an infringement of laws, rules or regulations applicable to the marketing or sale of securities.

The intellectual property rights in the Website and (unless otherwise indicated) its contents including all information, graphics, code, text and designs are owned by Walter Scott. All material on this Website is protected by copyright laws and treaties around the world and all such rights are reserved. Unauthorised use of these materials is strictly forbidden.

In the event of a Professional Financial Adviser wishing to publish or distribute written marketing or other promotional material based upon the content of this Website, he/she may only do so having first obtained the prior written consent of Walter Scott.

Trademarks

This Website contains names and logos which are trademarks of Walter Scott. Any use of any of these names and logos would constitute an infringement of those trademarks and is thus forbidden, unless they are part of the material you are using as permitted under section 3 above (“Downloading and Copying”).

Severability

In the event that any part of these Terms is held by a Court of competent jurisdiction to be invalid or unenforceable then the remainder of the Terms shall remain valid and enforceable. If any part of these Terms is found by a Court of competent jurisdiction to be invalid, then you nevertheless agree that the Court shall endeavour to give effect to Walter Scott’s intentions as reflected in the Terms.

Risk Warnings

All investments have the potential for profit or loss and your capital may be at risk. Past performance is not a guide to future results and returns may increase or decrease as a result of currency fluctuations. Many factors affect investment performance including changes in market conditions, interest rates, currency fluctuations, exchange rates and in response to other economic, political or financial developments. Investment return and principal value of an investment will fluctuate, so that when an investment is sold, the amount returned may be less than that originally invested.

Investing in foreign denominated and/or domiciled securities involves special risks, including changes in currency exchange rates, political, economic, and social instability, limited company information, differing auditing and legal standards, and less market liquidity. These risks generally are greater with emerging market countries.

Stock Examples – Any information provided on this website relating to stock examples should not be considered a recommendation to buy or sell any particular security. There is no assurance that any securities discussed herein will feature in any future strategy run by us. Any examples discussed are provided purely to help illustrate our investment style or, are given in the context of the theme being explored. The securities discussed do not represent an entire portfolio and in the aggregate may represent only a small percentage of a strategy’s holdings.

Anyone considering making an investment should consult his or her Professional Financial Adviser. An investor seeking to invest in any product appearing on this Website should only do so after reading the relevant documentation including but not limited to the latest annual Report and Accounts, Prospectus and any Supplements or Addenda or other prevailing terms and conditions.

INTENDED AUDIENCE

Walter Scott is an investment management firm authorised and regulated in the United Kingdom by the Financial Conduct Authority in the conduct of investment business. Walter Scott is a non-bank subsidiary of The Bank of New York Mellon Corporation. Walter Scott is responsible for portfolios managed on behalf of pension plans, endowments and similar institutional investors.

The statements and opinions expressed on this website are those of Walter Scott as at the date stated and do not necessarily represent the view of The Bank of New York Mellon Corporation, BNY Mellon Investment Management or any of their respective affiliates.

The contents of this website are targeted at and intended for the use of persons who have self-identified themselves as meeting the relevant criteria set out upon entering certain sections of the website. If you do not meet these criteria, you may not use this information. If you are unsure if you meet the criteria, please seek legal advice before proceeding.

No other person or investor, regardless of their domicile, should access or rely upon the information contained in this website.

IMPORTANT INFORMATION FOR INVESTORS IN THE USA

Walter Scott & Partners Limited is registered as an Investment Adviser with the Securities and Exchange Commission (SEC). Walter Scott’s Form ADV Part 2 is available upon request or at www.adviserinfo.sec.gov

BNY Mellon Securities Corporations (“BNYMSC”) is dually registered as an investment adviser and broker-dealer under the federal securities laws, and provides investment advisory services or brokerage services, respectively, in those capacities. Despite certain similarities of these services, there are important differences in the contractual relationship and legal duties to clients when acting in those different capacities. Thus, BNYMSC or Walter Scott will only provide advice on the investment of municipal proceeds in its capacity as registered investment adviser and not as a broker-dealer; such advice ends before any securities transaction is effected by BNYMSC as a broker-dealer. BNYMSC’s Form ADV Part 2 is available upon request or at www.adviserinfo.sec.gov

IMPORTANT INFORMATION FOR INVESTORS IN CANADA

Walter Scott is registered as an Exempt Market Dealer (EMD) (through which it offers certain investment vehicles on a private placement basis) in all Canadian provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, Quebec, Saskatchewan and Ontario) and is also availing itself of the International Adviser Exemption (IAE) in these same provinces with the exception of Prince Edward Island. Each of the EMD registration and the IAE are in compliance with National Instrument 31-103, Registration Requirements, Exemptions and Ongoing Registrant Obligations.

IMPORTANT INFORMATION FOR INVESTORS IN AUSTRALIA

This material is provided on the basis that you are a wholesale client as defined within s761G of the Corporations Act 2001. Walter Scott is registered as a foreign company under the Corporations Act 2001. It is exempt from the requirement to hold an Australian Financial Services License under the Corporations Act 2001 in respect of those services provided to Australian wholesale clients. 

No material on this website should be distributed to retail clients in Australia as that term is defined in the Corporations Act 2001 or to the general public.

IMPORTANT INFORMATION FOR INVESTORS IN SOUTH AFRICA

Walter Scott is registered as a Foreign Financial Services Provider with the Financial Services Board in South Africa. Registration No. 93685.

Use of Personal Information and Cookies

At Walter Scott we take the issue of privacy very seriously. We will only use your personal information as set out in our Privacy Policy. Our Cookie Policy also sets out information about the cookies used on our Website.

Contact Us

To contact us, please email [email protected] or call us on +44 131 225 1357. Please note that calls to Walter Scott may be recorded in compliance with applicable laws and regulations and for training and monitoring purposes.

Jurisdiction and Governing Law

The Terms and any and all contracts concluded under them are governed by and shall be construed in accordance with the laws of Scotland and all references in these Terms to laws and regulations are references to Scottish laws and regulations unless otherwise specified. You agree that any dispute/s arising out of the Terms or otherwise between us shall be subject to the exclusive jurisdiction of the Courts of Scotland.