TERMS AND CONDITIONS OF USE FOR THE TEMPO STRUCTURED PRODUCTS WEBSITE
Use of the Tempo Structured Products website is subject to the following Terms and conditions (‘the Terms and conditions’).
We reserve the right to vary the Terms and conditions of our website at any time.
By accepting the Terms and conditions and using our website, you agree to be legally bound by the Terms and conditions and any changes.
Should you have any questions about these Terms and conditions please contact us at info@tempo-sp.com or telephone 00 44 (0)207 391 4747.
OUR WEBSITE IS DESIGNED FOR PROFESSIONAL ADVISER USE ONLY
Our website, and any fixed rate deposit plans, structured deposit plans and structured product plans and information on it, has been designed only for use by professional financial advisory, wealth management and investment firms (and the staff of those firms), which are authorised and regulated to advise on investments by the Financial Conduct Authority and other similar and appropriately authorised and regulated wealth management or investment professionals (‘Professional Advisers’).
OUR WEBSITE IS NOT DESIGNED FOR AND SHOULD NOT BE USED BY RETAIL CLIENTS / END-INVESTORS
Our website is not intended for use by retail clients – and has not been designed for or prepared with retail clients in mind.
Retail clients should not use our website.
ABOUT US
Our website is issued by Tempo Structured Products.
Tempo Structured Products is a trading name of Tempo Structured Products Limited, registered in England (No 12871910), with its registered office at 338 Euston Road, London NW1 3BG. Tempo Structured Products is authorised and regulated by the Financial Conduct Authority (FCA No 988535). Tempo Structured Products is part of the Alpha Real Capital family of companies (‘Alpha’), which benefit from materially common ultimate beneficial ownership.
You can check these details on the FCA register (https://register.fca.org.uk) or by contacting the FCA.
NOTHING ON OUR WEBSITE CONSTITUTES OR IMPLIES SAVING, INVESTMENT, TAX, LEGAL OR ANY OTHER FORM OF ADVICE
No saving, investment, legal, tax or legal recommendation or advice of any type and no suggestion of suitability or appropriateness of any saving or investment product for any prospective saver / investor is given or implied in our website.
The information in our website does not take account of the saving or investment objectives, particular needs or financial situation of any client or potential client of any Professional Adviser.
Nothing in our structured deposit plan and / or structured product plan brochures or plan application packs provides saving, investment, tax, legal or any other form of advice.
Tempo Structured Products does not provide advice on any structured deposit plan or structured product plan or their suitability or appropriateness for any client or potential client of any Professional Adviser.
OUR WEBSITE IS DESIGNED AND INTENDED FOR ENGLISH SPEAKING PROFESSIONAL ADVISER USE: EXCLUDING UNITED STATES AND CANADIAN USE
Our website is intended for use by English speaking Professional Advisers (excluding those based in the US or Canada).
The information provided on our website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation or in which Tempo Structured Products does not hold any necessary registration or licence. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use our website.
Our fixed rate deposit plans, structured deposit plans and structured product plans can be neither offered nor transferred in the United States of America or Canada.
By agreeing to the Terms and conditions of use and accessing our website, you shall be deemed to have represented that you are not a US Person, United States Person or Canadian person and that you are not located in the United States of America, its territories and possessions, and any state of the United States of America and similarly Canada and that you are authorised to receive the information on our website.
In addition, you agree that you will not solicit a deposit into our fixed rate deposit and / or structured deposit plans and / or an investment into our structured product plans from, for the account of, or for the benefit of a US Person or a United States Person.
NOTHING ON OUR WEBSITE CONSTITUES A PUBLIC OFFER OR REPRESENTATION REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY SECURITIES
Our website is for information only and nothing on it is intended as an offer, or recommendation or solicitation of an offer to buy or sell any saving, deposit, investment, security, financial instrument or other specific product, to conclude a transaction, or to provide any saving or investment service or saving or investment advice, or to provide any research, saving or investment research or saving or investment recommendation, in any jurisdiction.
OUR FIXED RATE DEPOSIT PLANS, STRUCTURED DEPOSIT PLANS AND STRUCTURED PRODUCT PLANS ARE DESIGNED FOR PROFESSIONALLY ADVISED SAVERS / INVESTORS, WHO ARE CLIENTS OF AUTHORISED AND REGULATED INVESTMENT FIRMS, WHO ARE SAVING / INVESTING AS PART OF A BALANCED AND DIVERSIFIED PORTFOLIO:
As with all forms of saving and investment, there are risks involved with structured deposits and structured products, including those on our website.
Professional Advisers should access and read the relevant plan documents relating to any plan of interest, in particular: the plan brochure; ‘if / then…’ summary; plan application pack, including, the terms and conditions of the plan; and the deposit taker bank’s and / or issuer’s key information document (‘KID’) ; and, in the case of structured products, the issuer’s securities prospectus and final terms sheet, before making a recommendation to their clients.
Professional advisers should not advise their clients to make a deposit in a structured deposit and / or invest in, any investment structured product unless they and their clients understand the plan, in particular the relevant risks.
IMPORTANT INFORMATION REGARDING THE RISKS OF OUR STRUCTURED DEPOSIT PLANS
Structured deposits are not suitable for everyone.
In addition to understanding the features and benefits of structured deposits, professional advisers and their clients also need to understand their risks and limitations:
– While structured deposits are very similar to bank or building society fixed term deposits, a key difference is that the level of interest that a structured deposit pays may be linked, either fully or partly, to a stock market (or other asset class) index, such as the FTSE 100 or similar.
– Some structured deposits may offer non-conditional, fixed levels of interest; some may offer conditional levels of interest that are linked to the level of a stock market index; and some may offer a combination of both.
– Some conditional, stock market linked structured deposits may require the stock market index to rise in order to generate some or all of their potential interest, however many structured deposits do not require the stock market index to rise in order to pay stock market linked interest and some may allow the index to fall.
– It is important that professional advisers and savers carefully consider the outlook for the index. In respect of the FTSE 100 EWFD, this includes consideration of the level of its fixed dividend and the outlook for its future level. Our structured deposit plans are designed for savers who have a positive view of the future level of the index, over the medium to long term.
– Past performance is not a reliable indicator of or guide to future performance and should not be relied upon, particularly in isolation.
– It is important that professional advisers and savers carefully consider that while structured deposits offer the potential to generate higher levels of interest than high street bank / building society deposits, the level of interest actually paid may be less than the level of risk free interest paid by high street bank / building society deposits.
– Even if the interest is conditional and based on a link to the level / performance of a stock market index, the repayment of money in a structured deposit is not subject to stock market risk at maturity.
– The value of structured deposits during the deposit term may be affected by various factors: while accessing a structured deposit is usually possible, during normal market conditions, this is not guaranteed.
– As per any bank or building society deposit, structured deposits present deposit taker risk, which needs to be understood and accepted: the potential interest of a structured deposit and the repayment of money saved in a structured deposit usually depend on the financial stability of the deposit taker throughout the deposit term.
As per bank / building society deposits, structured deposits may benefit from FSCS protection, assuming the deposit taker is licensed in the UK and deposit holders are eligible claimants, within claim limits.
IMPORTANT INFORMATION REGARDING THE RISKS OF OUR STRUCTURED PRODUCT PLANS
Structured products are not suitable for everyone.
In addition to understanding the features and strengths of structured products, professional advisers and their clients also need to understand their risks and limitations:
– Structured products present counterparty risk, which needs to be understood and accepted: the potential returns of a structured product and the repayment of money invested in a structured product usually depend on the financial stability of the issuer and counterparty throughout the investment term.
– The level of return a structured product generates may be capped and / or less than the level of return generated by direct investment in the stock market or via active or passive funds.
– The terms of structured products can predefine what can be expected at maturity and at certain other dates, such as potential ‘kick-out’ and early maturity dates: but these terms do not apply during the investment term.
– The value of structured products during the investment term may be affected by various factors: while accessing an investment is usually possible, during normal market conditions, this is not guaranteed.
– Past performance is not a reliable indicator of or guide to future performance and should not be relied upon, particularly in isolation: the value of investments and the income from them can go down as well as up.
– Capital is at risk and investors could lose some or all of their capital.
– It is not usually possible to claim under the Financial Services Compensation Scheme (‘FSCS’) if the Issuer and Counterparty Bank fail to meet their obligations or if the stock market index that a plan is linked to falls.
It is important that savers / investors read and understand the plan documents explaining the features and risks of any plan and agree to the terms and conditions before making a deposit and / or investing.
If there is any feature, risk or term that savers / investors do not understand or do not agree to, they should discuss this with their Professional Adviser before making a deposit / investing in any plan.
Applications to invest in our structured deposit plans and structured product plans will not be accepted if an authorised and regulated investment firm has not assessed suitability for the saver’s / investor’s personal circumstances.
In addition to accepting the Terms and conditions of use of our website, we also require you to accept the Terms and conditions of use of the current products area of our website. These highlight the key and general risks of our structured product plans, in addition to explaining important information for Professional Advisers who wish to access the current products area of our website and who may consider using our structured product plans with their clients.
To see the ‘Important risks’ regarding our structured product plans, please click here.
ALL OF OUR FIXED RATE DEPOSIT PLANS, STRUCTURED DEPOSIT PLANS AND STRUCTURED PRODUCT PLANS HAVE CAREFULLY IDENTIFIED TARGET MARKETS:
THERE ARE REGULATORY RESPONSIBILITIES UPON PROFESSIONAL ADVISERS TO UNDERSTAND THE IDENTIFIED TARGET MARKETS AND TO ENSURE THAT END-CLIENTS ARE WITHIN THE TARGET MARKETS
Professional Advisers should be aware of their regulatory responsibilities to understand the identified target markets for our plans and take appropriate steps to ensure that end-clients are within the target market, with specific attention paid to:
i) the type of savers / investors to whom the plan is targeted;
ii) the knowledge and experience of savers / investors;
iii) the financial situation of savers / investors, with a focus on their ability to bear losses;
iv) the risk tolerance and compatibility of the risk / reward profile of any plan with the target market; and
v) the savers / investor’s objectives and needs.
The plan documents for all of our plans clearly detail the specific identified target market for each plan.
PROFESSIONAL ADVISER INFORMATION PACKS (‘PAIPs’)
We provide Professional Adviser Information Packs (‘PAIPs’ / ‘EMTs’) for each of our plans / options.
Our PAIPs are designed to: provide an overview of the product specific and general information that we make available for each of our plans to Professional Advisers; explain how we meet our manufacturer regulatory responsibilities, including in respect of the consumer duty and under PRIN and PROD (particularly PROD 3.2.16), including providing distributors (i.e. Professional Advisers) with specific information (including information on our product approval process, the target market and appropriate distribution channels for each of our plans, costs / charges and the FinDatEx recommended European MiFID Template (‘EMT’); and help Professional Advisers meet their distributor regulatory responsibilities, including in respect of the consumer duty and under PRIN and PROD.
Throughout our PAIPs, references to PRIN (e.g. [PRIN 2A.3]) are references to the principles for businesses section of the FCA handbook (which incorporates the consumer duty) and references to PROD (e.g. [PROD 3.2.1 (1)]) are references to the FCA’s product governance sourcebook. Under PRIN 2A.3, compliance with PROD 3 is compliance with the product and services outcome of the consumer duty. These references help explain what we consider within our product governance process.
PRODUCT PROPOSAL PACKS (‘PPPs’)
We provide Product Proposal Packs (‘PPPs’) for each of our plans / options.
Our PPPs include details of what we consider and analyse within our product governance / product development process, including: product details / overview; target market; distribution; stress testing (identifying reasonable expectations for good outcomes, with careful consideration of the potential for poor outcomes / foreseeable harm); risk analysis; pricing and fair value assessment; consumer understanding; and consumer support, including support for any vulnerable clients.
Our PPPs are made available to professional advisers in order to: provide transparency with regard to our internal processes behind our products and to aid and support Professional Advisers in their product research and due diligence (including detailed information regarding target market, stress testing, value for money assessment, consumer understanding, consumer support for vulnerable clients, etc).
Throughout the PPPs, references to PRIN (e.g. [PRIN 2A.3]) are references to the principles for businesses section of the FCA handbook (which incorporates the consumer duty) and other numbers in “[ ]” (e.g. [3.2.1 (1)]) are references to the FCA’s product governance sourcebook (‘PROD’). Under PRIN 2A.3, compliance with PROD 3 is compliance with the product and services outcome of the consumer duty. These references help explain what we consider within our product governance processes.
RESOURCES AND SUPPORT FOR PROFESSIONAL ADVISERS WHO USE OUR PLANS
We provide various resources to support Professional Advisers using our plans, including ‘TICS’ (the Tempo Issuer and Counterparty Scorecards) and our Professional Adviser Academy.
‘TICS’ : THE TEMPO ISSUER AND COUNTERPARTY SCORECARDS
Issuer / counterparty bank / deposit taker bank risk is the most fundamental risk of a fixed rate deposit, structured deposit and structured product.
So, we think it’s straightforward – and important – to state the obvious: Professional Advisers (and savers / investors) should seek to identify fixed rate deposit plans, structured deposit plans and / or structured product plans which are backed by strong deposit taker banks / issuers / counterparty banks – in fact this is a regulatory requirement for Professional Advisers.
We also think that plan managers should prompt Professional Advisers to carefully consider this critical aspect of fixed rate deposits, structured deposits and structured products and support them in their research and due diligence.
We therefore publish ‘TICS’ (the Tempo Issuer and Counterparty Scorecards), to provide transparency with regard to our internal processes and to support Professional Advisers in their research and due diligence of deposit taker bank / issuer / counterparty bank financial strength.
It is important that Professional Advisers take the time to look at the background information that introduces TICS, explains how to use TICS and details what TICS is – and what TICS is not.
OUR CPD-ACCREDITED PROFESSIONAL ADVISER ACADEMY
As part of our aim to provide exceptional support for Professional Advisers using our plans, our Academy offers an educational resource for advisers and support staff wanting to know more about structured deposits and structured products.
We are also happy to discuss and provide tailored educational input and training to firms / individual advisers, to meet specific interests and requirements.
OUR CPD-ACCREDITED LIVE AND RECORDED VIDEO WEBINARS
We provide CPD-accredited live and recorded video webinars for Professional Advisers, focusing on important areas of education and working knowledge of fixed rate deposits, structured deposits and structured products, including regulatory requirements and expectations.
We place emphasis on our video webinars being educational and contextual, thinking about the investment environment, portfolio construction and diversification considerations and the interests and needs of professional advisers and their clients.
ACCURACY AND RELIABILITY OF INFORMATION ON OUR WEBSITE
All information in our website is provided ‘as is’, ‘as available’ and no representation or warranty of any kind, express, implied or statutory, is made by regarding any statement or information on our website.
Any opinions, market prices, estimates, forward looking statements, hypothetical statements, forecast returns or other opinions leading to financial conclusions reflect our subjective judgment at the time. Any forward-looking information has been prepared on a number of assumptions which may prove to be incorrect and, accordingly, actual results may vary.
Past performance is no guarantee of future results; nothing in our website shall constitute any representation, warranty or prediction as to future performance of any issuer, counterparty, deposit taker bank, deposit, product or stock market.
Considerable care has been taken to ensure the information in our website is accurate, however no representation or warranty is given as to the accuracy or completeness of any information and no reliance may be placed for any purpose whatsoever on the information or opinions contained in our website or on its completeness and no liability whatsoever is accepted for any loss howsoever arising from any use of our website or its contents otherwise in connection therewith.
Any views, statements or representations provided on our website do not necessarily reflect our opinion or the opinion of any Alpha Real Capital family of companies entity.
Any views or opinions in our website may change without notice.
We reserve the right to modify and amend our website and / or to amend the service provided by our website at any time, without prior notification.
THIRD-PARTY INFORMATION / LINKS
No third-party information, referral buttons containing hyperlinks, advertising, etc., are recommendations or endorsements.
We accept no responsibility for the links to other websites, for the contents of any linked websites or for any loss or damage that may arise from your use of them. Users of our website should refer to any relevant third party for all relevant information applicable to the use of any site, service, etc.
We make no representation or warranty regarding the accuracy or integrity of any third party or their information or services and we have no responsibility for any third party in any way.
ACCESS TO OUR WEBSITE
Our website is free to use.
We endeavour to ensure that our website is constantly available, but we do not guarantee that our website will not be subject to technical difficulties or viruses.
Access to our website (or any part of it) may be suspended temporarily or withdrawn permanently and without notice, including (but not limited to) in the case of system failure, maintenance or repair or for reasons beyond our control.
We shall not be liable if, for any reason, our website (or any part of it) is unavailable at any time or for any period of time.
Users of our website are responsible for ensuring that all persons who access our website through their internet connection are aware of the Terms and conditions of use for our website and that they comply with them.
LOSS, DAMAGE OR HARM ARISING FROM USE OF OUR WEBSITE
Users of our website should be aware that the internet is not a completely reliable transmission medium.
We will not be liable for any loss or damage caused by viruses or other harmful material that may infect user’s computer equipment, computer programs, data or other proprietary material due to their use of our website or to their accessing or downloading any material from it, or on any website linked to it.
We will not be liable for any direct, indirect, special or consequential damages arising out of any use of our website, or the information on it, including any loss or damage caused by viruses or other harmful material that may infect user’s computer equipment, computer programs, data or other proprietary material due to use of our website or to accessing or downloading of any material posted on it, or on any website linked to it, including without limitation, any lost profits, business interruptions, loss of programmes or data on your equipment, or otherwise, even if we are aware of or expressly advised of the possibility or likelihood of such damages.
Users of our website agree to indemnify, defend, and hold harmless Tempo Structured Products, its affiliates and licensors, and the officers, partners, employees, and agents of Tempo Structured Products and its affiliates and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with user’s access to or use of our website and the information on it.
APPROPRIATE USE OF OUR WEBSITE
Users of our website undertake to access and use the information contained on our website appropriately, in their capacity as a Professional Adviser.
Users of our website must not misuse our website (including, without limitation, by hacking).
Users of our website are prohibited from posting or transmitting to or from our website any material:
i) which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
ii) which they have not obtained all necessary licenses and / or approvals for;
iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
We may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the user’s identity to them.
If users of this website breach any of these Terms and Conditions of use, their right to use our website will cease immediately.
LIABILITY
The views, statements or representations appearing on our website do not necessarily reflect the opinion of Tempo Structured products or any Alpha Real Capital family of companies entity.
Any views or opinions in our website may change without notice.
Save as set out expressly herein, we expressly exclude all liability for any direct, indirect or consequential loss or damage (including, without limitation, any economic loss (including, without limitation, loss of profit, income or revenue, business, contracts, or anticipated savings) or any loss of goodwill or reputation) incurred by any user in connection with our website, including but not limited to any liability, damage or loss arising from:
i) any transaction carried out on the basis of the information on our website;
ii) any delay, error or omission in the content of our website or the use, the interruption or non-availability of our website;
iii) any loss arising from an interruption to the service;
iv) any loss of data;
vi) wasted management and office time;
vii) changes made to the content of our website by unauthorised third parties.
Save as expressly set out herein, all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby excluded to the fullest extent permitted by law.
We shall not be held liable for the results of any factor beyond our reasonable control or for any loss or damage to user’s technical environment, including, but not limited to, hardware, software, or any other equipment used to access our website or use the services and / or the information herein.
We do not guarantee, nor shall we be held liable, under any circumstance, for the suitability, fitness for any particular purpose, sequence, accuracy, absence of errors, veracity, topicality, loyal and commercial nature, quality, soundness, non-infringement or availability of the information contained on our website.
We do not guarantee that our website (including, but not limited to, the functions contained in it) will be updated, that access to it will be uninterrupted or error-free, that defects will be corrected and that all or any part of the content or materials or the accuracy, availability or completeness of the content of our website are appropriate or available for use in any jurisdiction.
We may discontinue production or updating of our website or any part of it without notice.
While we aim to protect user’s personal information and privacy, we cannot guarantee the security of any information users disclose online. Users acknowledge that they are aware of the security and privacy limitations of doing so.
Nothing in these Terms and conditions of use excludes, limits or restricts our:
i) duties and liabilities to users under the regulatory system;
ii) liability for death or personal injury caused by our negligence or that of our employees or agents; or
iii) liability for fraud or fraudulent misrepresentation.
INTELLECTUAL PROPERTY
Any and all copyright, trade-mark rights and other registered and unregistered intellectual property rights protected in any part of the world which subsist in the contents of our website, including but not limited to texts, data compilations, logos, images, graphics, button icons, digital downloads, audio clips and software used on the website, are vested in Tempo Structured Products, its affiliates or licensors.
Subject to the following paragraph, any copying, reproduction, transmission, publication, distribution, disclosure, dissemination, creation of derivative work or commercial exploitation, in whole or in part, of the content of our website, including (but not limited to) any materials published on the website in any medium or by any means whatsoever (including, but not limited to, caching and framing), as well as any sale, resale, retransmission or any other act tending to make such contents available to any third party in any manner whatsoever is strictly prohibited.
Professional Advisers are permitted to print and download extracts from our website for Professional Advisory use, on the following basis:
i) no documents or related graphics on our website are modified in any way;
ii) no graphics on our website are used separately from accompanying text;
iii) our copyright and trade mark notices and this permission notice appear in all copies; and
iii) our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
If users print off, copy or download any part of our website in breach of these Terms and conditions they must, at our option, return or destroy any copies of the materials that they have made.
PRIVACY AND COOKIES: INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
We may use cookies to maximise users’ experience of our website and to help us understand how we might improve it.
We may process information about users of our website in accordance with our Privacy and cookies policy.
By agreeing to these Terms and conditions of use, users of our website agree to our Privacy and cookies policy and warrant that all data provided is accurate.
To see our Privacy and cookies policy, please click here.
OTHER
We may transfer or assign any or all of our rights and delegate or sub-contract any or all of our responsibilities under these Terms and conditions to any third party at any time without prior notification or user’s consent. Users of our website may not assign or transfer their rights or responsibilities under these Terms and conditions without our prior written consent.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and conditions and accordingly nothing in these Terms and conditions shall be directly or indirectly enforceable by any third party, nor are they intended to confer a benefit on any third party.
In the event any of the provisions of these Terms and conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
GOVERNING LAW
These Terms and conditions shall be governed by and interpreted in accordance with English law and users of our website irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any and all disputes which may arise out of, under, or in connection with these Terms and conditions or use of our website.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE FOR OUR WEBSITE
By accessing our website you will be taken to have represented, warranted and undertaken that:
i) you are a Professional Adviser, authorised and regulated to advise on investments;
ii) you have read, agree to and will comply with the Terms and conditions of use of our website and our Privacy and cookies policy;
iii) you will conduct your own analysis or other verification of the data in this website and will bear the responsibility for all or any costs incurred in doing so; and
iv) you are not accessing this website from any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation.