Terms of use

In these Terms of Use ("Terms") any references to "Dalton Steiner", "we" and "us" mean D&S Capital Management. Dalton Steiner is a trading name of D&S Capital Management. These Terms explain the basis on which D&S Capital Management provides, and you may use

Information available from the Site and/or the App

This Site contains public, restricted access and client login areas. Users of this Site may access these different areas, information and facilities depending on whether Dalton Steiner has accepted an application for basic or full registration on the Site:

• the service is open to all users over the age of 18, subject to the territorial limits set out below;
• access to the App, the secure client login area, and the services described in it may be reached following successful completion of Dalton Steiner's registration process including the use of two factor authentication, subject to these Terms of Use; and
• Dalton Steiner reserves certain functionality within the login area and within the App to those users who have been accepted as a client following successful completion of Dalton Steiner's full registration and account opening requirements, subject to these Terms of Use and the relevant business terms.

Please note the basis on which research tools are provided and comply with our security requirements.

The business terms applicable to the operation of your account with Dalton Steiner operate in conjunction with these Terms, although the former shall take precedence in the case of any conflict between them.

Dalton Steiner may update these Terms and our Privacy Notice, Cookie Policy and other policies set out on our Site from time to time, and you agree that you will be bound by the these published using the Site and/or App when you use the Site and/or App. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site or App following the posting of any changes to these Terms constitutes acceptance of such changes. If you do not agree to such changes, you should stop using the Site and/or the App.

Compliance

• Neither this Site nor the App should be regarded as an offer or solicitation to conduct designated investment business, as defined by the Switzerland Financial Services and Markets Act 2000, in any jurisdiction other than the Switzerland. If you are accessing this Site or the App from outside the Switzerland, please contact us at the address below and we shall be pleased to confirm the position to you. You should satisfy yourself before reading any research or other material that Dalton Steiner is permitted to provide it to you under relevant legislation and regulations. Dalton Steiner accepts no responsibility whatever for any failure by a person resident outside the Switzerland to observe the foregoing.
• You understand that while you may be able to access certain research tools and reports through this Site and/or the App, the availability of such information does not constitute a recommendation to buy, sell or otherwise trade all or any of the securities mentioned therein. Dalton Steiner accepts no fiduciary duties to the reader of such material and in communicating such research material is not acting in a fiduciary capacity. Neither Dalton Steiner nor any of its directors, officers, employees or agents shall have any liability, howsoever arising, for any error or incompleteness of fact or opinion in it or lack of care in its preparation or publication, provided that this shall not exclude liability to the extent that this is impermissible under the law relating to financial services. All statements and opinions are made as of the date on the face of the relevant research material and are not held out as applicable thereafter. Research recommendations are given in good faith but without legal responsibility and are subject to change without notice. You are recommended to seek advice concerning suitability from your investment advisor. Investors should be aware that past performance is not a reliable indicator of future results and that the price of shares and other investments, and the income derived from them, may fall as well as rise and the amount realised may be less than the original sum invested. You agree not to hold Dalton Steiner and/or any of its respective officers, employees, agents or affiliates liable for any investment decisions made by you arising from the use of the Site and/or the App or its Content.
• Dalton Steiner and its connected companies, their directors, members, employees and members of their families may have positions in the securities or derivatives (including derivatives, options and warrants) thereof of covered companies referred to in research. As a result, investors should be aware that Dalton Steiner may have a conflict of interest that could affect the objectivity, independence and impartiality of its research. Investors should consider research as only a single factor in making their investment decision.
• Research material, where available, will carry the date of publication.
• Prices and other share information provided within this Site and App are supplied on a delayed basis.

Content, Use & Reproduction

• You acknowledge that the Site and/or the App contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") which is protected by copyright and other intellectual property rights proprietary to Dalton Steiner and its licensors.
• No part of the Content may without the prior written permission of Dalton Steiner be permanently stored, reproduced or copied in any form or by means other than for the user's legitimate, legal and reasonable internal business or personal purposes, provided that the user does not modify the paper or electronic copy and maintains all of the Dalton Steiner notices (such as all legal notices and disclaimers, copyright notices, trademark legends, or other proprietary rights).
• Distribution, reselling or reproduction of the Content is strictly prohibited. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content and/or the App, in whole or in part.

About this Site

• Dalton Steiner provides this Site or the App for your information only It reserves the right to withdraw or amend the Site and/or App without notice. Other than disclosures relating to Dalton Steiner, the information on this Site and the App is based on current public information that it considers reliable. Dalton Steiner endeavours to correct any errors or omissions within its control as soon as it becomes aware of them, but it does not guarantee that the Site or the App will be secure, accurate, error-free, uninterrupted or free of computer viruses or other harmful components and neither the Site nor the App should be relied on as such.
• Dalton Steiner will not be liable for the consequences of any event beyond its reasonable control (including the electronic transmission of data, content, material and information over the internet and the interception or decryption of it by others) or for any damages resulting therefrom.
• The Site and the App are provided without warranties or other assurances of any kind. To the fullest extent permitted by law, neither Dalton Steiner nor any other party involved in creating, producing or communicating the Site and/or the App shall be liable for any loss or damage, whether reasonably foreseeable or not, resulting from the use of or inability to use it, including but not limited to interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, difficulties with two factor authentication or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorised access to Dalton Steiner's records, programs or services.
• Nothing in these Terms of Use shall operate so as to exclude, limit or restrict Dalton Steiner's liability for death or personal injury, for fraud or fraudulent misrepresentation, for damage suffered as a result of any breach of the conditions as to title and quiet enjoyment implied by English law, liability under the Consumer Rights Act 2015 or for any other liability the exclusion or limitation of which is not permitted by English law.
• Email messages sent via the public area of the Site are not secure. We urge you not to send emails to Dalton Steiner containing confidential information, or that relate to time-sensitive matters. You agree that you do so at your own risk and that you hold Dalton Steiner harmless from any loss that you may suffer as a result. An automated delivery receipt does not constitute acceptance of any email; we will only be deemed to have accepted an email if we either expressly reply to or act on your email.
• However, messages sent via the secure portal and the App are secure and should only be used by clients to contact Dalton Steiner regarding administrative issues in relation to their account (as such messages are encrypted and stored securely). We still urge you though not to send secure messages to Dalton Steiner that relate to time-sensitive matters, such as, but not limited to, instructing us to deal. You agree that you do so at your own risk and that you hold Dalton Steiner harmless from any loss that you may suffer as a result. An automated delivery receipt does not constitute acceptance of any email or message, sent securely or not, and we will only be deemed to have accepted it if we either expressly reply to or act on it. The use of emails by clients who have accepted the Dalton Steiner Our Services and Business Terms is governed by those terms.
• If the App allows you to send emails or other communications to third parties, you acknowledge and agree that you are solely responsible for the contents of any such email or other communications and that you send any such email or other communication at your own risk.
• If you have access to the secure portal or the App, you are responsible for maintaining the security of your login details. Such information, together with any additional security details unique to you and applicable to your use of the secure portal or App must never be shared with anyone, and after accessing your account on the secure portal or App you must log off. This ensures that no third party may be able to access your account if you leave your computer or device and your session has not yet been timed out. You will be exclusively responsible for any instructions placed or purported to be placed under those details and Dalton Steiner shall be entitled to treat all such instructions as authentic.
• These Terms of Use and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England. If any provision shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

External Sites

• By accessing other websites through links provided by Dalton Steiner (be it a hypertext link or other referral device), you agree to the following terms and conditions:
  • Should you access or view content on any website that is not provided by Dalton Steiner via the Site or the App, you do so at your own risk. Dalton Steiner has no control over the content of an external website and is not responsible for it or any damages or losses that may arise from your use of it.
  • The material available on external websites has been produced by independent providers that are not affiliated with Dalton Steiner and may not be regulated by the FINMA. Any opinions or recommendations expressed on external sites are solely those of the independent providers and are not the opinions or recommendations of Dalton Steiner.
  • You understand that while some of the linked websites may provide information and news stories about investments, the availability of such information does not constitute a recommendation to buy or sell or otherwise trade all or any of the securities discussed therein. You understand that you are responsible for your own investment decisions and you should seek your own professional advice as to the suitability of any investment mentioned in such information.
• You may not link to this Site without the prior written consent of Dalton Steiner, nor must the Site be framed on any other website. Dalton Steiner reserves the right to withdraw any linking permission without notice.

Third-Party Providers of Information

• All information provided by Digital Look Ltd, Thomson Financial Limited, Reuters Limited (or any of their affiliated companies), Refinitiv or any other third party (the "Information") on the Site or App is owned by or licensed to those companies and your use of the Information is limited to storing, filing in format print and displaying the Information for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce or communicate any Information in any format to anyone else. Dalton Steiner shall not be responsible for any errors in the Information or for any loss, whether or not it was reasonably foreseeable, or damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom. You agree to indemnify and hold harmless Dalton Steiner for any cost, charges and damages resulting from your breach of this clause.

London Stock Exchange Group plc and its group undertakings (collectively, the “LSE Group”). © LSE Group [2022]. FTSE Russell is a trading name of certain of the LSE Group companies. “FTSE®” “Russell®”, “FTSE Russell®”, “MTS®”, “FTSE TMX®”, “FTSE4Good®”, “ICB®”, “Mergent®, The Yield Book®,” are a trade marks of the relevant LSE Group companies and are used by any other LSE Group company under license. All rights in the FTSE Russell indexes or data vest in the relevant LSE Group company which owns the index or the data. Neither LSE Group nor its licensors accept any liability for any errors or omissions in the indexes or data and no party may rely on any indexes or data contained in this communication. No further distribution of data from the LSE Group is permitted without the relevant LSE Group company's express written consent. The LSE Group does not promote, sponsor or endorse the content of this communication.

• Some of the news services on the Site or App have been produced by independent providers that are not affiliated with Dalton Steiner. Any opinions or recommendations expressed are solely those of the independent providers and not the opinions or recommendations of Dalton Steiner. Information provided by the independent providers is believed to be reliable. However, Dalton Steiner does not guarantee the timeliness, sequence, accuracy, or completeness of such information.
• You agree to comply with any restrictions or conditions imposed upon the use, access or storage of the data as may be notified to you by FTSE or Dalton Steiner and you agree not to distribute or disseminate in any form or by any means (including but not limited to via the Internet or via any other electronic means) all or any of the data provided by Dalton Steiner under licence from FTSE. You agree to indemnify and hold harmless Dalton Steiner for any costs, charges and damages resulting from your breach of this clause.

Data Protection

• Where you have provided personal information to us, Dalton Steiner shall at all times comply with the requirements of current data protection legislation. We only use your personal information in accordance with our Privacy Notice. Please take the time to read this, as it includes important terms which apply to you.
• If you receive marketing, research or other regular information from Dalton Steiner and wish to unsubscribe please email unsubscribe@daltonsteiner.com .
• All telephone calls are recorded for business purposes or to comply with regulatory obligations.

Other Information

• In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, Dalton Steiner reserves the right to monitor all internet communications, including web and email traffic, into and out of its group company domains and/or systems. Monitoring includes checks for, but not limited to, viruses and other malignant codes, criminal activity and inappropriate, offensive or otherwise unacceptable use or content.
• Dalton Steiner reserves the right to cooperate fully with any investigation by national and international police, regulatory authorities and other officials, and reserves the right to disclose any personal data (including personal or private electronic communication transmitted on the Site and/or the App) to such officials to the extent requested by them in connection with any such investigation, or as otherwise required by law or regulation.
• Current tax levels and reliefs may change and the value of any relief depends on individual circumstances.
• We may assign or transfer our rights and/or obligations under these Terms on notice (which may be posted on the Site) to any other person or entity. You shall not assign or transfer all or any of your rights, benefits or obligations under these Terms.