Important legal information

Last updated 07/12/2012

Please take a moment to read these terms and conditions, which govern your use of this web site.

Please check these Terms and Conditions regularly for changes. Your continued use of this web site after these Terms and Conditions have changed will confirm your agreement to the revised Terms and Conditions.

Geographical restrictions

This web site contains details of investment products and services which are provided by Henderson Global Investors. These investment products and services are available through this web site only to UK residents and nothing on this web site is an offer to anyone outside the United Kingdom to acquire an investment product or service.

This web site is not for use by “US Persons”. A “US Person” is defined by US laws and regulations in force from time to time. If you are resident in the US, or as a corporation or other entity are organised under US law or administered by or operated for the benefit of a legal or natural US person, you should take professional advice to determine whether you are a US Person and you should not access this web site until you are sure that you are not a “US Person”.

If you proceed to use this web site, we are entitled to take that use as your assurance that you are resident for tax and investment purposes in the United Kingdom. If this is not the case, please return to Henderson.com and choose the appropriate jurisdiction, where you will find investment products and services which are available to you.

General cautions

Please note the following in your use of this web site:

  • if after accessing this web site you decide to apply for any of the investment products or services mentioned on this site, you should read the relevant application form, prospectus and the key investor information document (KIID) applicable to your chosen product or service.
  • other companies within the Henderson Group or Henderson Group employees may have holdings in Henderson Global Investors’ investment products or services and may otherwise have an interest in transactions that you effect in those products or services;
  • past performance is not a guide to future performance. The value of an investment and the income from it can fall as well as rise and you may not get back the amount originally invested.
  • tax assumptions and reliefs depend upon an investor’s particular circumstances and may change if those circumstances or the law change.
  • nothing on any part of this web site, including on any section of this web site which is password-protected, is intended to be or should be understood as being investment advice.

Use of your personal information and cookie policy

At Henderson Global Investors, we are keen for you to register your details and preferences with us so that we can work together to give you the best possible experience in your use of this web site.

By submitting your details to us, you give us your assurance that your details are accurate, complete and up-to-date. In turn, we agree to abide by our Privacy Policy at all times in our collection, storage and use of your personal details.

Our Privacy Policy also contains details of how we use cookies on this web site. Please visit the Privacy Policy to learn more about this.

Intellectual property rights and use of content

Henderson Global Investors owns all rights in the contents of this web site.

Normally, we are happy for you to download or print copies of a reasonable amount of the information contained on this web site for your personal use.

In certain circumstances, we may agree with you that you may distribute particular information which you access via this web site to third parties. If you wish to use information in this way, you must email us at support@henderson.com. If we accept your application, we will send you confirmation by email. You may not redistribute any part of the contents of this web site until you have received our confirmation that you are permitted to do so.

Where we have given you permission to redistribute information to third parties, this permission is given on condition that you:

  • use the material in the form in which it was originally displayed on the web site;
  • clearly attribute that material to Henderson Global Investors, using wording which we specify from time to time;
  • do not claim any goodwill or other ownership of any of that material;
  • take all necessary steps to ensure that the material is distributed only to the relevant audience as defined by geographical, regulatory and other restrictions set out in these Terms and Conditions;
  • do not display the information in a way which implies sponsorship or endorsement of any third party goods, services or materials by any member of the Henderson Group, or in a manner that is misleading, defamatory, infringing, libellous, disparaging, obscene or otherwise objectionable; and
  • cease your use, and require the third party recipients to cease their use, of those materials if we request you to do so in writing.

Please note that you may not otherwise use the name of any Henderson Group company nor the name ‘Henderson’ itself, nor any Henderson Group company trade mark, logo or design without our consent.

Please see the ‘Your liability to us’ section below for details of your liability to Henderson Global Investors in circumstances where you redistribute information originating from this web site to third parties.

Third Party Content

This web site may contain or link to content which is generated by third parties. However, we do not approve this third party content and so we are not responsible or liable for that content or for the consequences of your use of it.

Password-protected areas of this web site

During your use of this web site, you may be given access to areas of the site which are protected by passwords and other personal identifiers. Where we grant you the right to access any such password-protected areas, this right is granted to you alone and you should not allow any other person to access that area of the web site on your behalf, nor try to transfer your right to use that area of the web site to anyone else.

Where you access a particular area of the site using a password or other identifier which has been allocated to or chosen by you, you need to treat your password and identifier as confidential and not share that information with any third parties. You should not keep any record of that information such that it might be discovered by someone else. If you are concerned that someone else has obtained your confidential information, or has accessed this web site using your details, please let us know straightaway. If you do not tell us, we have no way of knowing that the person using your details is not you, and so we will always treat any instructions that we receive from a person using your details as having come from you.

myHenderson Service

General

If you wish to use the myHenderson Service you must either use the activation code you have been sent in the post or contact the Client Contact Centre on 0800 832 832. If your identity is confirmed, we will issue you with a time-limited activation code which must be used within the given time to access the myHenderson Service. On first accessing the service, you will be instructed to set your password and username to enable future access.

Where we grant you the right to access the myHenderson Service, this right is granted to you alone and you should not allow any other person to access that area of the web site on your behalf, nor try to transfer your right to use that area of the web site to anyone else.

HGi is a complimentary service offered by Henderson to keep you updated with content related to your investment portfolio, the funds you are interested in and your general preferences. On first logging in to the myHenderson service an HGi account is created for you within which preferences are added that reflect your portfolio. You can manage the preferences within your HGi profile at any time, and will only receive HGi communications should you decide to opt-in to them.

Confidentiality

Where you access the myHenderson Service using a password or other identifier which has been allocated to or chosen by you, you need to treat your password and identifier as confidential and not share that information with any third parties. You should not keep any record of that information such that it might be discovered by someone else. If you are concerned that someone else has obtained your confidential information, or has accessed this web site using your details, please let us know straightaway. If you do not tell us, we have no way of knowing that the person using your details is not you, and so we will always treat any instructions that we receive from a person using your details as having come from you.

Access

From time to time Henderson may be required to block your access details in the interests of security or site administration. We regret any inconvenience that this may cause and will inform you as soon as we can if we are required to do this. We will endeavour to minimise the time for which any such blockage continues.

Equipment

It is your responsibility to provide, maintain, updating and (if necessary, for instance if technological changes make your equipment obsolete or unsuitable) replace any equipment that you use to access and use the myHenderson Service. You are also responsible for any telecommunications or other related costs.

Terms and conditions of investments

Any investment made in a product using the myHenderson Service is also subject to the terms and conditions applicable to that particular product. Those terms and conditions are set out in the relevant application form, prospectus and the KIID (the Investment Documents). (The Investment Documents are also accessible on this web site). You must carefully read the relevant Investment Documents before using the myHenderson Service and you will be deemed to have read and accepted the product terms and conditions contained in the Investment Documents by using the myHenderson Service.

These Terms and Conditions are in addition to any terms and conditions relating to investment products or services offered through the myHenderson Service. Those other terms and conditions continue to apply to those investment products or services and the myHenderson Service is subject to such terms and conditions. If there is any conflict between these Terms and Conditions and those other terms and conditions:

  • these Terms and Conditions will prevail in respect of any matters specifically concerning the myHenderson Service, unless expressly provided otherwise; and
  • the provisions of the relevant Investment Document will prevail in respect of any matters specifically concerning the investment product or service in question, unless expressly provided otherwise.

Communications

Your communications to us through the myHenderson Service shall not be deemed to have been received and we will not be obliged to act on it until we have actually received the communication.

Where a communication has been corrupted or is incorrect, it is your responsibility to re-transmit your communication to us as soon as reasonably possible. Any re-transmitted communication should be clearly identified as a corrected communication. You are generally responsible for the completeness and accuracy of communications sent to us using the myHenderson Service.

We advise you to store and maintain secure copies of all of your communications made using the myHenderson Service. It is not our responsibility to keep copies of these communications.

As above, we will always treat any instructions that we receive from a person using your myHenderson Service details as having come from you.

Confirmations

After you send us an instruction through the myHenderson Service for new business, you will receive an email from us acknowledging that we have received your instruction. However, please note that this does not mean that your instruction has been accepted. We will confirm our acceptance to you by sending you a hard copy letter which confirms that the products or services requested by you have been purchased (a Confirmation). The contract between us will only be formed when we send you the Confirmation.

It is important that you keep these Confirmations. If you consider that Henderson has failed to carry out an instruction sent by you, you need to be able to prove that you have received an accurate Confirmation of that instruction.

If you do not receive confirmation within three working days of placing an instruction or if any aspect of the confirmation is inaccurate, please notify us immediately. If we do not receive any notification from you of an inaccuracy in our confirmation, we will be entitled to conclude that you have accepted the terms of the confirmation as sent to you.

Execution

Please be aware that the myHenderson Service is an execution-only service. Where we receive an instruction from you via the myHenderson service, we will send an automatically-generated electronic acceptance of that instruction. If you do not receive that acceptance within three (3) days, please let us know straightaway.

We will endeavour to update your records within one (1) day of accepting an instruction.

Termination of your right to use the myHenderson Service

Your right to use the myHenderson Service will terminate automatically on the redemption of your entire holdings with us unless we notify you otherwise.

You can terminate your right to use the myHenderson Service by giving us notice in writing to this effect. You can give us notice by any of the following means:

  • by calling 0800 832 832;
  • by sending a letter to Henderson Global Investors, PO Box 9023, Chelmsford, CM99 2WB.

Your notice to terminate your use of the myHenderson Service will be effective on receipt by us. However, it will not affect instructions which we have already received.

We can terminate your right to use the myHenderson Service by sending you a hard copy letter to this effect to the address which we have on file. Our notice to terminate your use of the myHenderson Service will be effective on receipt by you. However, it will not affect instructions which we have already received.

Liability

Please read the following sections carefully. They set out the circumstances in which we will and will not be liable to you and to third parties, and give you certain liability to Henderson Global Investors where you redistribute information originating from this web site to third parties.

Nothing in these Terms and Conditions operates to exclude or restrict any liability which we are obliged by applicable laws or regulation to accept.

Our responsibility to you

We will always endeavour to provide a reliable and secure web site. However, the internet is an imperfect medium and is susceptible to interruption and error. In particular, messages sent electronically may not be secure. We recommend that you do not send any confidential information to us via electronic methods. If you choose to send any confidential information to us this way, you do so at your own risk and in the knowledge that a third party may intercept this information.

The web site may occasionally be unavailable for maintenance or other reasons. Where this happens, we regret any inconvenience caused but we are not responsible for any losses arising from this unavailability.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or circumstance outside our reasonable control.

Further, none of the companies within the Henderson Group will be liable for any special, indirect, incidental or consequential loss suffered by any person in connection with the use of this web site.

Whilst we believe that the information contained on this web site is accurate, we do not guarantee its accuracy or completeness and we disclaim all representations and warranties of any kind in respect of that information. Please conduct your own checks on any information obtained from this site before relying or acting upon it in any way.

Our responsibility to third parties

In addition to the limitations on Henderson Global Investors’ liability set out above, no member of the Henderson Group has any duty to any third party recipient to whom you may redistribute material originating from this web site. No third party has any right to bring any claim against any member of the Henderson Group in connection with any such redistributed material.

Your liability to us

Where you redistribute information originating from this web site to third parties, you will indemnify each member of the Henderson Group against any damages and costs incurred as a result of any claim from a third party that the third party relied to its detriment on material originating from this web site.

Who we are and how to get in touch

If you have any queries or complaints regarding this web site or these Terms and Conditions, please do contact us at support@henderson.com.

This website is issued in the UK by Henderson Global Investors (also referred to throughout these Terms and Conditions as ‘we’ or ‘us’). Henderson Global Investors is the name under which Henderson Global Investors Limited (reg. no. 906355), Henderson Fund Management Limited (reg. no. 2607112), Henderson Investment Funds Limited (reg. no. 2678531), Henderson Investment Management Limited (reg. no. 1795354), AlphaGen Capital Limited (reg. no. 962757), Henderson Equity Partners Limited (reg. no. 2606646) (each incorporated and registered in England and Wales with registered office at 201 Bishopsgate, London EC2M 3AE and authorised and regulated by the Financial Conduct Authority) provide investment products and services.

Where these Terms and Conditions refer to the ‘Henderson Group’, this means Henderson Group plc (incorporated and registered in Jersey, registered no. 101484, registered office 47 Esplanade, St Helier, Jersey JE1 0BD) and all of its wholly owned subsidiaries.

Further information

This web site is governed by the laws of England.

We may record telephone calls for our mutual protection and to improve customer service.

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