1. Use of the Website
1.2 The services and products on this Website are intended for use by residents of the UK only and are not aimed at or intended for use by residents of any other jurisdiction. Those who choose to access the Website from other locations do so of their own initiative and are responsible for compliance with any applicable local laws.
1.3 In order to register with us you must be eighteen (18) years of age or over. You must ensure that the details you provide on registration or at any time are accurate and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
2. About us
2.1 TAB (“we”, “our”, “us”) is the trading name of TAB London Limited (Company No. 11225821) and supervised by the Financial Conduct Authority for anti-money laundering (FRN:918885), TAB London Property Limited (Company No. 11759394), TAB AM Limited (Company No. 12614315), TAB TP Borrower Limited (13055054), TAB TP Holdco Limited (13051008). www.tabhq.com is a website operated by TAB.
3. Intellectual property
3.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. The Website may include at any given time text, graphics, images, logos, icons, sound clips, video clips and data compilations, and together with the Website’s page layout, underlying code and software, are referred to as “Content”. All of the Content is the property of TAB, our affiliates or third parties with whom we do business, and is protected by the UK and international intellectual property laws, and other relevant laws. All such rights are reserved.
3.2 In addition and except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1998 (which contains what are generally known as the “fair use” provisions for copyright materials);
3.3You may not make a permanent copy of or reproduce this Website in any form. You may not reproduce or incorporate this Website into any other website. You may only print, display or download temporary copies of the content to your computer for your own personal non-commercial use.
a. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
b. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
c. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
d. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. You may not link to this Website or frame it without our express consent.
4. Relationship with other agreements
4.2 There are a number of other documents that you may choose to be bound by during your use of the Website. For example, if you wish to invest or borrow from us or introduce borrowers to us via the Website. We refer to these documents collectively as the “Lending Agreements”.
4.3 These set out the terms that govern your investments or borrowing with us and your relationship with us, and our affiliates, when you invest or borrow on our Website. They are to be distinguished from these Terms, which govern your technical use of the Website.
4.4 The Website Agreements will continue to apply to you even after you have agreed to be bound by the Lending Agreements. If there is a conflict between the Lending Agreements and the Website Agreements, the Lending Agreements will take precedence.
5. Accessing our Website
5.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the content of and/or service we provide on our Website without notice (see below). We will not be liable for any loss, damages, expenses or anything else, if for any reason our Website is unavailable at any time or for any period.
5.2 We reserve the right to restrict access to parts of our Website, or our entire Website, to users who have registered with us from time to time for any reason.
5.3 If you choose, or you 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. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our view you have failed to comply with any of the Terms.
5.4 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them. We will not be liable for any damage caused by unauthorised access to the Website using your login.
5.5 You must not place undue strain on our Website (for example by high frequency trading) nor seek to unfairly influence trading activity in a manner that we believe to be detrimental to us or our investors. We reserve the right to IP block, throttle data requests and/or suspend accounts that breach this clause.
6. Reliance on information posted
6.1 Any information, commentary or any other material posted on our Website is not intended to amount to advice. We are not liable for any damage, losses or costs arising from any reliance placed on such material by any visitor to our Website, or by anyone who may be informed of any of its contents. Every visitor to the Website is responsible for obtaining independent advice and satisfying themselves with their own due diligence before investing through the Website.
7.1 TAB has taken all reasonable care to ensure that the information contained in this Website (but not any links to or from the same) is up to date and accurate.
7.2 TAB makes no representations or warranties of any kind with respect to this Website or the content contained on it, including any text, graphics, advertisements, links or other items.
7.3 Further, neither TAB nor any other contributor to this Website makes any representation nor gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, the suitability of any of the financial products referred to therein to your financial needs or circumstances, completeness or freedom from viruses of the content contained on this Website or that such content will be accurate, up to date, uninterrupted or error free.
7.4 Nothing on this Website shall be regarded or taken as the giving or other providing of financial, investment or other professional advice and you are strongly recommended to take such advice or other steps to assure yourself of the suitability of the same to your financial needs and circumstances before taking any further steps. Additionally we make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this Website.
7.5 Links contained in this Website may lead to other Websites that are not under our control, and we accept no liability for the content or availability of any linked Website that is not operated by us or any link contained in a linked Website not operated by us. We accept no responsibility or liability for loss or damage that may arise from using any other websites that are listed on our Website. Links are provided for information only. The inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to this Website.
7.6 The information, material and content provided in the pages of this Website may be changed at any time without notice.
7.7 Changes may be made to these Terms at any time without notice. Any revision to the Terms shall take effect as at the date when the change is uploaded to the Website. You agree to review the Terms regularly and your continued access to or use of this Website will mean that you agree to any changes.
7.8 If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
7.9 Except as explicitly stated in the Lending Agreements, you need to be aware that we make no guarantee of any specific results from entering into an investment on the Website including any net income and/or the capital return realised. The investments on this Website may not be suitable for all investors and if you are in any doubt as to the suitability of the investments, you should seek independent financial advice. No part of this Website is intended to constitute investment or tax advice, and it is your responsibility to ensure that you have undertaken all the necessary due diligence prior to making an investment.
7.10 The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults. We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate. We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, to the maximum extent permitted by law.
7.11 You use the Website and its content at your own risk. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.
8. Our liability
8.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
8.2 All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.
8.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
8.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable English law.
9.1 TAB reserves the right to change from time to time and without giving notice of any such change, the contents of these pages (including the contents of these Terms to reflect any changes in law or for any other reason, and you are strongly advised to check these Terms each time you visit this Website. If we do update these Terms, we will upload a new version to the Website and as soon as you use the Website after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms that you have, or are deemed to have, agreed to. If there is a conflict between any versions of the Terms to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.
10. Information about you and your visits to our Website
11. Viruses, hacking and other offences
11.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
11.2 By breaching this provision, you would commit 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 our Website will cease immediately.
11.3 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 our Website or to your downloading of any material posted on it, or on any Website linked to it.
12.1 Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or alteration or loss. We are not responsible for any message intercepted, altered or lost by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
13.1 If you have a complaint please tell us via the Help / Contact us section of the website. We will aim to respond to your complaint in a timely fashion and in accordance with our Complaints Policy.
14.1 We have made every effort to ensure that these Terms adhere with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, if any of the provisions or clauses are found to be unlawful, invalid or otherwise unenforceable, that provision or clause is deemed to be severed from these Terms and shall not affect the validity and enforceability of the remaining Terms. This clause on “Severability” shall only apply within the jurisdictions where a particular term is illegal.
15. No waiver
15.1 In the event that either you or we fail to exercise any right or remedy contained in these Terms, that does not mean that you or we have waived that right or remedy and so shall not be construed as a waiver.
16. Jurisdiction and applicable law
16.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
16.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.1 If you wish to contact us about these Terms, or if you have any concerns about material that appears on our Website, please visit the Help / Contact us section of the Website.