Terms and Conditions for Website Use

Please read these terms and conditions carefully before using this site

What’s in these terms?

These terms tell you the rules for using our website www.asantecapital.com (our “site”). 

Who we are and how to contact us

www.asantecapital.com is a site operated by Asante Capital Group LLP (“We“).  We are registered in England and Wales under company number OC356402 and have our registered office at 25 Old Burlington Street, London, W1S 3AN.

We are regulated by the Financial Conduct Authority.

To contact us, please email info@asantecapital.com.

Information about Asante Capital Group Germany GmbH

MiFid Remuneration Disclosures

Legal form: Gesellschaft mit beschränkter Haftung (GmbH)

Commercial register (Handelsregister): Local court (Amtsgericht) of Munich, HRB 267062

Legal Representatives: Managing Directors: Warren Hibbert, Fraser Janse van Rensburg and George Lyons.

Supervisory authority: Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Marie-Curie-Straße 24-28, 60439 Frankfurt am Main, Germany / Graurheindorfer Straße 108, 53117 Bonn, Germany – www.bafin.de

Compensation scheme:  Asante Capital Group Germany GmbH is assigned to the Compensation Scheme of Securities Trading Companies (Entschädigungseinrichtung der Wertpapierhandelsunternehmen – EdW), 10865 Berlin, Germany – www.e-d-w.de

Complaints handling of Asante Capital Group Germany GmbH: If you have a complaint, please contact any of the Managing Directors listed above. You may make a complaint in person, by telephone or in writing. Any complaints made will be acknowledged and full details of our complaints process will be provided to you. In addition to making a complaint to us and / or if your complaint is not resolved to your satisfaction, you have the option to communicate your complaint to BaFin – www.bafin.de

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to our Privacy Policy/PICS which may also apply to your use of our site.

We may make changes to these terms

We amend these terms from time to time.  Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal where necessary.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our terms and conditions of supply.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.  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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@asantecapital.com.

Cookie policy

Our site uses cookies to distinguish you from other users of our site.  This helps us to provide you with a good experience when you browse our site and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree.  Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

• Strictly necessary cookies: these are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services;
• Analytical or performance cookies: these allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it.  This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily;
• Functionality cookies: these are used to recognise you when you return to our site.  This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region); and
• Targeting cookies: these cookies record your visit to our site, the pages you have visited and the links you have followed.  We will use this information to make our site and the advertising displayed on it more relevant to your interests.  We may also share this information with third parties for this purpose.

Please note that certain third parties may also use cookies, over which we have no control.  These third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies, performance cookies or targeting cookies

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.  However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Cookies are stored in line with our data retention policies as set out in our Privacy Notice.

Acceptable use policy

You may use our site only for lawful purposes.  You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy.  The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.