Terms of use

1. Introduction

Thank you for visiting this Website www.fcscapitalmarkets.com (the “Website”).

These are the terms and conditions for your use of the Website of FCS Capital Markets Ltd (“FCS” or “we” or “us” respectively). Please read these terms and conditions carefully. If you do not wish to be bound by them, you should not use this site. By using this site, you signify you have read and accept these terms and conditions. These terms and conditions apply to any Website operated by FCS, unless otherwise indicated.

This document has been prepared by FCS Capital Markets Ltd., with its registered address at 60 Cannon St, London EC4N 6NP, United Kingdom, and email enquiries@fcs-cap.com, for informational purposes only, and for eligible counterparties and professional clients only. (FCS is not authorised to provide services to retail clients). It does not constitute, and should not be construed as, an offer to sell or a solicitation of an offer to buy any financial instrument.

By accessing or using this Website, you acknowledge that you have read, understood, and agreed to the following terms and acceptance is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions,you should stop using the Website immediately.

2. Eligible Counterparties and Professional Clients

The products described herein, including Exchange-Traded Products (ETPs) and Actively Managed Certificates (AMCs), are complex financial instruments. They are intended exclusively for Eligible Counterparties and Professional Clients as defined under applicable regulations.

The products described above are not suitable for Retail Clients, and no information contained herein should be relied upon by Retail Clients. Therefore, if you do not meet the classification of Eligible Counterparty or Professional Client, you must not act upon the information contained in this document.

3. Regulatory

FCS Capital Markets Ltd is authorised and regulated by the Financial Conduct Authority (“FCA”) under FRN: 772626 and is also a member of the London Stock Exchange.

This Website is for information purposes only. It should not be regarded as an invitation or inducement to engage in investment activity (a financial promotion) as defined in section 21 of the UK Financial Services and Markets Act 2000 (“FSMA”) and the information contained on this Website is not intended to be an offer to buy or sell securities.

4. Website Location

This Website is controlled and operated by FCS from the United Kingdom. FCS make no representation that any material contained on this site is appropriate for any other jurisdiction. Should you choose to access this site from any location other than the United Kingdom, you are responsible for compliance with all applicable local laws.

5. Structure of the Note Programmes

FCS provides its services under the Note Programmes through several entities that perform different activities. Among these entities, FCS acts as Programme Administrator and Arranger.

Before making a decision to invest in the Programmes, you should carefully consider the following:

  • No Management Role: FCS is not the manager of the special purpose vehicles that are responsible for the issuance of Notes under the Note Programmes.
  • Coordinated Activities: FCS Capital Markets Ltd acts as coordinator among the different entities involved in the Note Programmes. However, each entity is solely responsible for carrying out its respective duties and activities within the process.

6. Investment Risks

Investments in ETPs and AMCs may involve a high degree of risk, including but not limited to the potential loss of the entire amount invested. Past performance is not indicative of future results.

You should obtain independent legal, tax, accounting and financial advice before making any investment decision. Neither FCS nor its affiliates provide investment advice, fiduciary services, or personal recommendations in relation to any transaction or investment.

7. No Advice

Nothing in this Website constitutes or should be construed as advice of any kind, including but not limited to legal, financial, taxor, investment advice. Any decision to invest should be based on your own analysis, supported by qualified independent advisors.

8. Information

Where information consists of pricing or performance data, the data contained therein has been obtained from company reports, financial reporting services, periodicals, and other sources believed reliable. Although carefully verified, data computations are not guaranteed by FCS or any of the data providers or affiliates and may not be complete. Neither FCS nor any of its data providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the information or the services and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. Therefore, you bear all risks from any uses or results of using any information and are responsible for validating the integrity of any information received over the Internet.

The information contained in this site is based on up-to-date information and while we make all reasonable efforts to ensure that material on this site is correct, current and complete at the date of publication, accuracy cannot be guaranteed. We make no warranties or representations (express or implied) as to its accuracy, currency or completeness. We may change the information at any time without notice. No liability can be accepted by us in respect of any changes made to the content of this site by unauthorised third parties. You should therefore take appropriate steps to verify all information on this site before acting upon it.no liability can be accepted by us in respect of any changes made to the content of this site by unauthorised third parties.

9. Limitation of Liability

While FCS has taken reasonable care to ensure that the information contained herein is accurate and up to date, no representation or warranty, express or implied, is made regarding its accuracy, completeness or fitness for any purpose or use of the said information. Therefore, you should not rely solely on the information on this Website.

FCS cannot guarantee that the information contained in its Website has not been distorted as a result of technical or other malfunctions (disconnection, interference by third parties, viruses, etc.)

To the extent permitted by law, FCS, its affiliates, directors, officers, and employees accept no liability whatsoever, including in the case of negligence, for any direct, indirect, or consequential loss arising from the use of, browsing in, or downloading from this Website or any other site linked to FCS, including those from viruses.

10. Intellectual Property

Unless otherwise stated, all information and materials contained in this Website are the property of FCS Capital Markets Ltd or its licensors and are protected by applicable intellectual property laws. No part of this Website may be copied, distributed, modified, or used for commercial purposes without prior written consent.

You may not reproduce or adapt the Website in whole or in part without our prior written consent, except for the purpose of accessing our products and/or services. No part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without our prior written permission.

Any use of the Website other than in accordance with these Terms is prohibited. If you breach any of these Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Any rights not expressly granted in these Terms are reserved.

11. Third Party Rights

Where the Website contains links to other sites and resources provided by third parties, these links are provided for youri nformation only. 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. We have no control over the contents of those sites or resources and take no responsibility for the information contained in them or for their accuracy.

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FCS Capital Markets Ltd.

12. Previous Terms and Conditions

We reserve the right to revise these terms of use at any time by amending this page, so we ask that you visit this page occasionally to check for any changes that may affect how you interact with us online. The information on the Website is subject to change without notice. If changes to these terms are made and you subsequently continue to use our Website, we accept this to mean that you are happy with the changes to the terms. Please take this into account, as the terms are binding on both you and us.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Viruses, Trojans, Worms et al

FCS use market standard security software to provide protection for our Website, we do not warrant or represent that use of the Website is secure or that the protection provided by our security software will offer you greater protection than any security software you have installed on your PC or other electronic communication device. We strongly suggest you purchase your own PC or MAC anti-virus software and keep it up-to-date to protect the security of your computer or device.

We do not guarantee that our site will be secure or free from bugs or viruses.

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.

Attacking the Website via a denial-of-service attack or a distributed denial-of service attack constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities 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 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 the Website or to your downloading of any content on it, or on any Website linked to it.

14. Privacy Notice for details on how your data is managed

Your use of the Website may involve the collection of personal data. You should refer to the FCS's Privacy Notice for details on how your data is managed.

15. Governing Law and Jurisdiction

These terms and conditions and the relationship between you and FCS shall be governed by and construed in accordance with the Law of England and Wales. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

16. Contact Information

For any inquiries, please contact:

FCS Capital Markets Ltd
60 Cannon St London EC4N 6NP
United Kingdom
Email: enquiries@fcs-cap.com / compliance@fcs-cap.com