1. Introduction

Welcome to www.theingeniousgroup.co.uk (the “Website”). The Website is operated by Ingenious Capital Management Limited, a limited company registered in England and Wales under company number 07728908 and authorised and regulated by the Financial Conduct Authority with Registration No. 562563 (the “Company”). Ingenious is the trading name of the Company and the registered office and trading address of the Company is 15 Golden Square, London W1F 9JG. 

Your use of the Website is subject to these terms of use (the “Terms”).  Please read them carefully before using the Website.  If you do not agree to these Terms, please do not use the Website. In these Terms we/our/us refers to the Company, and you/your means you as a user of the Website. To contact us about these Terms (or if you have any questions) please email us at marketingteam@theingeniousgroup.co.uk.  

The Company may revise the Terms at any time by updating this posting. You should check this Website from time to time to review the current Terms, because they are binding on you. Your continued use of the Website after such revisions are posted will be deemed agreement on your part to these Terms, as amended.  Certain provisions of the Terms may be superseded by expressly designated terms located on particular pages of the Website.

2. Disclaimer of liability for content

Commentary and other materials posted on the Website are not intended to constitute advice upon which reliance should or may be placed. Users of the Website and anyone who may be informed of any of its content from time to time should obtain their own independent legal, tax and/or financial advice.

While the Company endeavours to ensure that the information on this Website is current, the Company is providing this site on an ‘as is’ basis and makes no representation or warranty of any kind with respect to this site or its contents and disclaims all such representations and warranties including those as may be implied by statute. In addition, the Company makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of the Company (and the members of the Company’s group) howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

The Company may make changes to the material on this Website at any time without notice. The material on the Website may be out of date and the Company makes no commitment to update such material.

While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if this Website is unavailable at any time or for any period. Access to the Website is permitted on a temporary basis and the Company reserves the right to withdraw or suspend the service on the Website at any time without notice. In addition, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control. From time to time, the Company may restrict access to some parts of the Website or to the entire site. We will not be liable if for any reason the Website is unavailable at any time for any period.

If we permit you to post or provide any information on or via this Website, you must ensure that such information does not contravene any applicable laws or infringe any person’s legal rights. We do not monitor or edit documents or files posted or provided to us by third parties and accordingly we do not accept any responsibility for any damage or loss you may suffer.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, so we assume no responsibility for the content of such 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

Neither the Company nor any of the companies within its group or affiliates, directors, employees or other representatives of such companies will be liable for loss or damage arising out of or in connection with the use, inability to use, or results of use of the Website, any websites linked to it, and any information posted on it, or any use or reliance on any content displayed on our Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income, profit or business, loss of or damage to property, loss of anticipated savings, wasted management or office time and claims of third parties whether any of the same are caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Notwithstanding the foregoing, none of the exclusions and limitations are intended to limit any right you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the Company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

3. Intellectual property disclaimer

All copyright, patent, intellectual and other property rights in the information contained in this Website is held by or is licensed to the Company or companies within its group. No rights of any kind are licensed or assigned or shall otherwise pass to persons accessing this information. All copying, reproducing, transmitting, distributing, displaying or otherwise making available of material on this Website (by any means and whether in whole or in part) is prohibited, other than downloading / printing of material that is for your own private non-commercial use provided that you do not change any copyright, trademark or other proprietary notices appearing thereon.

You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The Company’s (or companies within its group) status (and that of any identified contributors) as the author of the material on the Website must always be acknowledged.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from the Company or its respective licensors (as applicable).

If you print off, copy or download any part of the Website or the material it contains in breach of these Terms, your right to use the Website will cease immediately and you must, at the sole option of the Company, return or destroy any copies of the materials you have made.

4. Jurisdictional disclaimer

This site is targeted at United Kingdom residents only.  We do not represent that content available on or through our Website is appropriate for use or is at all available in other locations outside the United Kingdom.

5. Accessing the website

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The Company has and expressly reserves the right to disable any user identification code or password, whether chosen by you or allocated by the Company (or any member of its group from time to time), at any time, if in the sole opinion of the Company you have failed to comply with any of the provisions of these Terms. The right to use the secure areas of the Website is personal to you and you may not allow others to use your user identification code or password.  You are responsible for all activity and for the accuracy of all information and requests sent using your user identification or password or any other personal identification implemented to identify you. You must notify us immediately of any unauthorised use of your user identification code or password, or other related security breach of which you are aware. If you inform us, or if we have reason to believe that unauthorised use is being made of the Website (whether by you or through your user identification code or password) then, without prejudice to our other rights and remedies, we may suspend or terminate your access to the secure areas of the Website immediately (and without notice to you).

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them. You must not misuse the Website 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 the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack or any equivalent.  You must not decompile, reverse engineer, disassemble or otherwise to derive source code from the Website. You must not tamper with, hinder the operation of, make unauthorised modifications to the Website including attempting to interfere with the access of any user, host or network. You must not use the Website for any activities which breach any laws or regulations or infringe any third-party rights. You must not remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party and you must not use the personal information of another person in order to access or use the Website

The Company will be entitled to report or facilitate the reporting of any breach of applicable laws to relevant enforcement authorities in relation to your use or misuse of the Website (in accordance with these Terms or otherwise) and will co-operate with those authorities in the prosecution of any such offence including by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

You may not link to any of the Company’s respective homepages or any other part of the Website without the prior written consent of the Company nor may the Website be framed on any other site. If you wish to make use of materials contained on the Website other than set out in these Terms, you must contact marketingteam@theingeniousgroup.co.uk in advance. The Company reserves the right to refuse permission to any use of the Website at its sole discretion.  In circumstances where no consent has been provided, we reserve the right in our absolute discretion to prohibit any link from another site to materials or information on this Website, without notice. Where consent is provided, any link to material or information on this Website must be neither misleading nor deceptive and must fairly indicate this Website as the destination of the link. 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.

6. Notices

Unless otherwise expressly stated in these Terms, all notices from you to the Company must be in writing and sent to the Company’s address at 15 Golden Square, London, W1F 9JG and, unless otherwise specifically agreed, all notices from the Company to you will be displayed on the Website from time to time.

7. Invalidity

If any part of these Terms is invalid or unenforceable (including any provision in which the Company excludes its respective liability to you) the validity and/or enforceability of any other part of these Terms will not be affected and they shall otherwise remain binding and in full force and effect.

8. Privacy notice

The Company will not wilfully disclose individually identifiable information about you, including your email address, to any third-party company or organisation except as may be required by law or applicable regulation or otherwise than in accordance with the Company’s Privacy Policy. Please familiarise yourself with the Company’s Privacy Policy before using the Website. By using the Website, you warrant that any and all data provided by you to the Company as a result is accurate.

9. Third party rights

Except for companies within the Company’s group, the Company’s affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

10. Governing law

These Terms  and the resulting contract between you and the Company shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes which may arise in relation to them.