TR Property Investment Trust Online Account Management Service (“Service”) means the service offered by BNP Paribas Securities Services via the website (www.trproperty.co.uk) allowing investors to apply to open Investment Trust ISA accounts and Private Investor Plan accounts online and/or to administer their holdings online. The TR Property Online Account Management Service is subject to these additional Terms and Conditions of Use and all transactions carried out using the Service will also be subject to the Private Investor Plan, Investment Trust ISA Key Features and Terms & Conditions, as applicable.
If you are taking out a new ISA by using the Service, you must also have read and understood the Key Features and Terms and Conditions of the ISA.
Once you have read and understood the Terms and Conditions please click the "I agree" button at the bottom of this page to proceed.
TR Property is authorised and regulated in the UK by the Financial Services Authority (FSA).
Please read these terms and conditions ("Terms") carefully before requesting a Password to access the services described below. A Password will give you access via the Internet to a database of your unique information ("Information") provided by BNP Paribas Securities Services and, where applicable, enable you to place orders electronically ("Online Dealing Facility") (together or individually referred to as the "Service"). In using your Password you will be deemed to have read, understood and agreed to these Terms, which will form a binding agreement between you and BNP Paribas Securities Services. This document contains the terms and conditions on which BNP Paribas Securities Services agrees to: (i) your use of your Password; (ii) your use of BNP Paribas Securities Services information accessed by your using your Password; and (iii) your use of any facility offered by BNP Paribas Securities Services Online Dealing Facility to place orders to buy, redeem ("Online Orders") by using your Password. If you do not understand any of the terms, please contact BNP Paribas Securities Services by calling 0845 358 1113 for assistance.
1. PROVISION OF THE SERVICE BY BNP PARIBAS SECURITIES SERVICES
a. Upon you accessing the Service using your Password, you will be deemed to have
accepted these Terms and these Terms will form a legally binding agreement. From that
moment, you will then be entitled to access the Information and use the BNP Paribas
Securities Services Online Account Management Service in accordance with these Terms
until your right to use the service is terminated.
b. BNP Paribas Securities Services grants you the right to use the Service and your
Password, exclusively for use in accordance with these Terms and any other instruction or
direction for use supplied to you by BNP Paribas Securities Services from time to time via the
Service or otherwise. You agree to comply with these Terms and any such other instruction or
direction. Your right to use the Service is personal to you and you may not permit any other
person to gain access to the Service using your Password.
c. The equipment, outside of BNP Paribas Securities Services control, which you use to
access the Service (the "Equipment") may from time to time become obsolete or otherwise
unsuitable as a result of technological changes. You are solely responsible for providing,
updating, or replacing any part of the Equipment and for any telecommunication and other
related costs. As to the suitability or otherwise of the Equipment, which is your responsibility
alone, BNP Paribas Securities Services makes no warranty or guarantee. BNP Paribas
Securities Services reserves the right to change the Service at any time even if this causes
you the need to update or replace the Equipment.
2. SECURITY AND PERSONAL DATA
a. You give permission to the processing by BNP Paribas Securities Services or associated
companies of the personal data submitted by you through the Service and/or created in the
course of your relationship with BNP Paribas Securities Services and to the transmission of
such personal data to such associated companies for purposes connected with marketing and
customer administration.
b. The BNP Paribas Securities Services Group holds your personal information for
administration, marketing and business analysis. The information may be transferred within
the BNP Paribas Securities Services Group but will not be transferred outside the Group.
c. Subject to these Terms, your Password will enable you to access the Service and use the
Online Dealing Facility. Remember: by using your Password you accept these Terms and
create a legally binding agreement between you and BNP Paribas Securities Services on
these Terms.
d. At its sole discretion BNP Paribas Securities Services may prohibit the use of your
Password from time to time due to security or other concerns or for general administration
purposes. BNP Paribas Securities Services will inform you as soon as reasonably possible of
such action. You may then request a new Password following the procedures advised by BNP
Paribas Securities Services.
You must:
1. change your temporary password at the first log-on;
2. change a password whenever there is any indication of possible
password compromise;
3. select quality passwords which are:
i. easy to remember;
ii. not based on anything somebody else could easily guess or obtain using person related
information, e.g. names, telephone numbers, dates of birth, football teams, etc.;
iii. generally free of consecutive identical characters or all-numeric or all-alphabetical groups
(guidance-only);
4. change passwords frequently, typically every 60 days;
You must not:
5. keep a record of passwords;
6. re-use or re-cycle old passwords;
7. share passwords with another user.
e. You must take all reasonable steps to keep your Password secret. You must not write your
Password on anything BNP Paribas Securities Services sends you about your account or
anything usually kept with them. If you do write your Password down anywhere, you must
conceal it so that nobody will know it as your Password.
f. If you become aware of, or suspect any unlawful or unauthorised use of your Password you
must immediately follow the procedure set out in paragraph g. below and you must give BNP
Paribas Securities Services any details you have in relation to any such use.
g. If you become aware of, or suspect any unlawful or unauthorised use of your Password you
should contact BNP Paribas Securities Services immediately. If this is outside of normal
business hours you may prevent access to the Service by persons using your Password by
attempting to access the Service three times by entering a number other than your Password.
This will prohibit further use of your Password to gain access to the Service. You should bring
this to BNP Paribas Securities Services attention as soon as possible and you may then
request a new Password following the procedures advised by BNP Paribas Securities
Services.
h. You will not be responsible for your Password being used after you have cancelled your
Password by following the procedure set out in paragraph g. above.
3. YOUR INSTRUCTIONS
The Online Dealing Facility has been established on the basis that BNP Paribas Securities
Services is not required to obtain written confirmation of BNP Paribas Securities Services
Investment Trust ISA purchase, switching or redemption instructions. Therefore, subject to
paragraph b. below, BNP Paribas Securities Services will carry out all instructions received
through the Online Dealing Service from or purporting to be from you and you agree, subject
as mentioned below, that any transaction entered into pursuant to such instructions will be
binding on you including those cases where you did not send or authorise the relevant
instruction. If you are not prepared to take this risk you should not use the Service. You will
not be bound by transactions entered into:
a. after BNP Paribas Securities Services has received notice from you (given in writing or by
means of the Service) of your termination of the use of the Service;
b. after you have notified BNP Paribas Securities Services of suspected or unauthorised use
of your Password pursuant to paragraph f. of section 2;
c. as a consequence of the negligence, fraud or wilful default of BNP Paribas Securities
Services or its employees.
d. Notwithstanding paragraph a above, BNP Paribas Securities Services, at its discretion,
reserves the right not to carry out any instructions sent through the Online Dealing Service
without written confirmation of your instructions. You will be notified as such where relevant.
4. ONLINE DEALING FACILITY – THE TR PROPERTY INVESTMENT TRUST ISA
Upon receiving your instructions, BNP Paribas Securities Services will send you a reference
number and confirmation of your instruction on screen. No liability will be accepted by BNP
Paribas Securities Services for failure to carry out any online instruction which you place
using the Online Dealing Facility unless you can show that you have received a reference
number and an accurate confirmation of such instruction, nor if BNP Paribas Securities
Services is unable to obtain authorisation on your debit card for payment of the full amount
due or if incorrect details are submitted with your instruction. You should notify BNP Paribas
Securities Services as soon as possible if you do not receive a reference number and
confirmation immediately after placing an instruction to purchase online.
a. You will further notify BNP Paribas Securities Services as soon as possible:
ai. if any aspect of the confirmation does not accurately reflect your instruction; or
aii. if you receive a reference number, confirmation or contract note for an instruction which
has not been placed with your Password.
If you fail to notify BNP Paribas Securities Services as soon as possible in any of these
circumstances, you will be deemed to have accepted the terms of the online instruction as
stated on the confirmation provided to you by BNP Paribas Securities Services.
b. You accepted full responsibility for monitoring the Information.
c. You fully understand and agree that telephone calls to BNP Paribas Securities Services
may be recorded and monitored.
d. You fully understand that all other terms and conditions, applications completed or
otherwise accepted by you as well as any applicable instruments, deeds, prospectuses and
scheme particulars control the operation of your BNP Paribas Securities Services accounts
and that the Service is provided subject to all those matters. In the event of a conflict between
these Terms and those other matters, these Terms shall prevail in respect of details
specifically concerning use of the Service, unless expressly provided otherwise.
e. When using the Online Dealing Facility to make an investment in the TR Property
Investment Trust ISA, you can pay using the following facilities; cheque, debit card or direct
debit.
ei. If payment is being made by cheque, you must print off the completed application form
from the Online Dealing Facility, sign it and send it with your cheque to the following address:-
BNP Paribas Securities Services Administration Centre, Block C, Western House, Lynchwood
Business Park, Peterborough PE2 6BP.
eii. Where payment is being made by debit card, you must provide the card details through
the Service. Your instruction will not be processed until the funds have been authorised by
your bank. If full debit card details are not provided then your application will not be completed.
Debit card instructions submitted after 10.00 pm will be dealt with on the next business day.
eiii. direct debits are normally collected on the first working day of the month. You should
allow 28 days for your direct debit to be set up.
5. TITLE
a. BNP Paribas Securities Services owns the copyright and any other intellectual property
rights subsisting anywhere in the world relating to the Information, the databases and your
Password. You have no rights to the Password and Information other than as set out in these
Terms. If you become aware of or suspect any unlawful or unauthorised use of the Service (or
if you become aware of or suspect any other infringement by any person of rights of BNP
Paribas Securities Services in the Information) you must bring this to the attention of BNP
Paribas Securities Services immediately and give BNP Paribas Securities Services any
details you have in relation to this.
6. RESTRICTIONS ON USE
a. Except for the purpose of accessing the Service and producing print-outs for your own
personal use, you may not copy, reproduce, duplicate, modify, adopt or lend, sell or otherwise
transfer, in whole or in part, any of the Information.
b. Your rights under these Terms are personal to you and you may not sub-license, assign or
otherwise transfer any of those rights. You must not allow anyone else to use your Password.
7. LIMITATIONS OF LIABILITY
a. BNP Paribas Securities Services makes no warranty or guarantee or representation that
the Service can be accessed at all times. In the event of the Service being temporarily
unavailable or restricted for administrative or other reasons, BNP Paribas Securities Services
does not accept any responsibility and will not be liable for any loss or damage arising out of
or in connection with loss of use of the Service.
b. You acknowledge that your uninterrupted access to the Service and use of the Online
Dealing Facility may also be prevented by certain factors not within the reasonable control of
BNP Paribas Securities Services (a "Service Disruption Event") including, without limitation,
the in-operation, inefficiency or unsuitability of the Equipment and the unavailability, inoperation
or interruption of Internet or other telecommunication services. Non-performance by
BNP Paribas Securities Services of its obligations under these Terms shall not be deemed a
breach of these Terms where such non-performance results directly or indirectly from a
Service Disruption Event. BNP Paribas Securities Services does not accept any responsibility
and will not be liable for any loss or damage arising out of or in connection with any such
Service Disruption Event.
c. BNP Paribas Securities Services does not accept any responsibility and will not be liable
for the inaccuracy or incompleteness of any information received by you or by BNP Paribas
Securities Services through the Service which arises out of or in connection with data
transmission, machine or software error or malfunction or from your operating error or which
originates from information obtained from third parties (other than such inaccuracy or
incompleteness arising as a result of BNP Paribas Securities Services negligence, fraud or
wilful default).
8. TERMINATION AND NOTICE PROVISIONS
a. Unless BNP Paribas Securities Services notifies you otherwise in writing or by means of
the Service, your agreement with BNP Paribas Securities Services on these Terms will
terminate automatically on the redemption of your entire holdings with BNP Paribas Securities
Services.
b. You may terminate your right to use the Service by giving notice in writing or by means of
the Service to BNP Paribas Securities Services which will be effective on receipt by BNP
Paribas Securities Services, but this will not affect transactions already initiated.
c. BNP Paribas Securities Services may terminate your right to use the Service by giving
notice in writing or by means of the Service which will be effective immediately upon being
sent but this will not affect transactions already initiated.
d. These Terms may be amended by BNP Paribas Securities Services and you will be notified
of any material amendments in writing or by means of the Service.
9. GENERAL PROVISIONS
i. A failure or delay by either party to enforce any right under these Terms is not an implied
waiver of the same or of any other right in the future.
ii. All of the terms and conditions relating to the Service are contained in these Terms and any
other instruction or direction for use supplied by BNP Paribas Securities Services to you via
the Service or otherwise. Oral communications that you have with BNP Paribas Securities
Services shall not become part of the terms relating to the use of the Password, the
Information or the Service unless BNP Paribas Securities Services confirms them to you in
writing or by means of the Service.
iii. If any provision in these Terms is held or made invalid by a court, statute, rule or otherwise,
the remainder of these Terms will not be affected.
iv. These Terms shall be governed by and construed in accordance with the laws of England
and Wales and may be concluded only in the English language.
v. The Courts of England will have exclusive jurisdiction to settle any claim or matter arising
under or in relation to these Terms.