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TERMS OF USE

1 Important legal notice

Welcome to AdviserAsset. Please read these Terms of Use carefully before using the Site (as defined below) as they set out the terms of a legally binding agreement between you, the user of the Site, and us, AdviserAsset Limited. By using or registering with the Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to use or register with the Site.

To the extent that you are accessing the Site on behalf of an organisation (whether as an employee, consultant, worker, director, adviser or otherwise) you confirm that you have the necessary permission(s) to access the Site on such organisation’s behalf and that you have the authority to bind your organisation to these Terms of Use. If you do not have such authority, you are not permitted to use or register with the Site. You and your organisation will be jointly and severally liable for any breach by you of these Terms of Use.

2 Definitions

In these Terms of Use, the following definitions apply:

“Account”

means each Registered User’s account for access to the Site;

“Competitor”

means any of our competitors including (but not limited to) any person or body which provides (or intends to provide) similar services to those provided by us. For the purposes of this definition “similar services” shall include (but not be limited to) market research, analysis, or comparative tools which relate to financial products and services (or any other markets or subjects our Site may deal with) and any services of any type which could reasonably considered to compete with the services we provide;

“FCA”

means the Financial Conduct Authority or such continuing authority as carries out its functions;

“IP”

means patents, copyright and related rights, trade marks, business names and domain names, goodwill and the right to sue for passing off, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and all present and future similar or equivalent rights or forms of protection in any part of the world;

“Licence Fee”

means the non-refundable licence fee for each Subscription Period;

“Registered User”

means each individual who has successfully registered for an Account with the Site;

“Site”

means the site or any part of the site currently hosted at www.adviserasset.co.uk, www.adviserasset.com and www.adviserasset.org.uk and any successor or other site operated by us from time to time and, where the context requires, includes any Site Content and/or Tools made available on the Site;

“Site Content”

means any and all content, data and information contained or otherwise published on the Site or made available, or generated by, the Tools;

“Subscription Period”

means a period of 12 months;

“Tools”

means the tools, features, functionality, products and services made available on the Site from time to time;

“Terms of Use”

means these Terms of Use as may be updated by us from time to time;

“we”, “us”, “our”

means AdviserAsset Limited (company number: 07949576) whose registered office is at The Stables, Little Coldharbour Farm Tong Lane, Lamberhurst, Tunbridge Wells, Kent, TN3 8AD; and

“you”, “your”

means any person who uses the Site, where as a Registered User or otherwise.

3 DISCLAIMERS

WHILST WE TAKE STEPS TO ENSURE THAT ALL INFORMATION AVAILABLE ON THE SITE IS VERIFIED AND RELIABLE, PLEASE NOTE THAT SUCH INFORMATION IS COMPILED FROM THIRD PARTY SOURCES OUTSIDE OF OUR CONTROL. AS SUCH WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, INTEGRITY AND/OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE ON THE SITE, AND WE WILL HAVE NO LIABILITY FOR ANY RELIANCE YOU PLACE ON ANY SUCH INFORMATION DISPLAYED ON THE SITE.

NO INFORMATION ON THE SITE IS INTENDED TO CONSTITUTE EXPERT OPINION, FINANCIAL ADVICE, OR ADVICE CONCERNING INVESTMENT DECISIONS, TAX OR LEGAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH. PLEASE NOTE, WE ARE NOT REGULATED BY THE FCA.

THE SITE IS ONLY INTENDED FOR ACCESS BY THOSE INVOLVED IN THE FINANCIAL SERVICES INDUSTRY IN THEIR PROFESSIONAL CAPACITY AND IS NOT FOR CONSUMER ACCESS.

WHILST WE ENDEAVOUR TO ENSURE THAT THE SITE IS NORMALLY AVAILABLE 24 HOURS A DAY, WE DO NOT MAKE ANY COMMITMENT THAT THE SITE, OR ANY OF THE SITE CONTENT, WILL ALWAYS BE AVAILABLE AND WE WILL NOT BE LIABLE IF FOR ANY REASON THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FURTHERMORE WE DO NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE.

4 Registration and Authorised Users

You will not be able to access the Site (other than the homepage and certain other publicly available pages) without becoming a Registered User. You can register for an Account on your own behalf or through your organisation if you satisfy the registration criteria set out below. You must ensure that all information submitted to us on registration for an Account (whether by you or your organisation on your behalf) is complete and accurate.

By registering for an Account you confirm that you are:

- not employed or retained by, or associated with, and your use of the Site is not for the benefit of, any Competitors; and

- an FCA registered independent financial adviser (Adviser); or

- an administrator or para-planner undertaking financial planning and/or compliance services on behalf of or for an Adviser or Advisers. ( Administrator); or

- a financial product provider or investment platform (Provider).

You must immediately notify us via the Contact Us section of the Site if you cease to be an Administrator, Adviser or Provider and if any of the information provided to us on registration (by you or your organisation on your behalf) changes.

If you are an Adviser you confirm that your use of the Site is strictly for the purposes of advising your own clients.

If you are an Administrator you confirm that your use of the Site is strictly for the purposes of providing financial planning and/or compliance services for an Adviser or Advisers.

If you have any questions regarding your capacity and rights to access the Site, please contact us via the Contact Us section of the Site.

5 Your Account and Access

In order to access your Account you will be provided with (or may choose) a username and password (and other pieces of information as part of the Site’s security procedures). You must treat all such information as confidential and not disclose it to any third party, nor allow any third party to access the Site using your Account details. Your account can be accessed by you using up to three devices including personal computers and mobile devices.

You (and, where applicable, your organisation) are responsible for any activities carried out via your Account. If you know or suspect that anyone other than you knows your password, or any unauthorised third party has accessed your Account, you must immediately notify us via the Contact Us section of the Site.

You are responsible for making all arrangements necessary for you to have access to the Site.

6 Minimum Subscription and Licence Fees

In consideration of payment of the applicable Licence Fee we grant to you a non-exclusive, revocable, non-transferable, personal, limited licence to access the Site, the Site Content and use the Tools for the applicable Subscription Period in accordance with these Terms of Use. Each Subscription Period will automatically renew for a further consecutive Subscription Period unless you cancel the automatic renewal at least one month before expiry of the then current Subscription Period by emailing us at [email protected]

Licence Fees must be paid in advance of the commencement of each Subscription Period by: (i) monthly Direct Debit; (ii) annually in full; or (iii) as otherwise agreed between us in writing. Regardless of how your Licence Fees are paid a Subscription Period cannot be cancelled before the end of such Subscription Period (save for in accordance with these Terms of Use). By registering for each Subscription Period you, or your organisation (as the case may be), is committed to a fixed 12 month term.

We reserve the right to change the Licence Fees at any point during a Subscription Period, but will notify you, or your organisation (as the case may be) of any change at least 10 working days before the next payment for your Account is due.

Following notification of a change in the Licence Fees you, or your organisation, will be given the right to cancel your Account with us. From receipt of our notice, you will have 10 working days to cancel your Account by emailing us at [email protected] In such circumstances your Account will be disabled: (i) on the date your next monthly Direct Debit payment is due (and in such circumstances no further Direct Debit payments will be taken from you, or your organisation (as the case may be), in connection with your Account); or (ii) or at the end of your then current Subscription Period and we will cancel your Account’s automatic renewal (please note this does not entitle you to a refund in respect of your annual Licence Fee). If you do not email us within 10 working days of receipt of a notification of Licence Fee change, you will be deemed to have accepted the change to the Licence Fees.

Please note the Licence Fees for your Account have been calculated based on your access requirements and the role in which you access the Site. We reserve the right to impose additional Licence Fees on you, or your organisation (as the case may be), for any use of your Account by you or by any third party authorised by you, which exceeds such access requirements and/or is outside of the original role in which you accessed the Site (or for any other breach of these Terms of Use). Such additional fees will be based on the Licence Fees we would have charged for such use for a Subscription Period.

If you, or your organisation (as the case may be), fail to make any payment due under these Terms of Use we may take action against you to recover any outstanding payments and charge you interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as it may be amended from time to time) for any outstanding sums.

7 Prohibited Use

Throughout your use of the Site, whether as a Registered User or otherwise, you must comply with all applicable laws, regulations and codes of conduct that may apply to any of your activities and must ensure that anything you do in relation to the Site (including any Site Content) does not infringe the rights of any other person.

You must not either solely or jointly with or on behalf of any other third party directly or indirectly:

- access or attempt to access any restricted Tools (and you will immediately notify us if your Account has mistakenly been granted such access);

- use your Account, the Site, the Tools or any Site Content for any purposes which compete with, or could harm, our business;

- reproduce, distribute, transmit or publish (including as part of any library, archive or similar service) any part of the Site, the Tools or any Site Content or in any way commercially exploit, modify or create derivative works from the same other than as expressly permitted under these Terms of Use;

- attempt to decompile, reverse engineer, disassemble or hack the Site (or any part of it) or any algorithms or software that forms part of the Site;

- access the Site in order to build a product or service which competes with the Site;

- create a database in electronic or structured manual form by downloading and storing all or any of the Site Content for any purpose whatsoever;

- robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Site, the Tools or any Site Content;

- introduce any data that contains viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm to the Site, the Tools or any Site Content; or

- damage, interfere with or disrupt access to the Site, the Tools or any Site Content or do anything which may interrupt or impair the Site's or the Tool’s functionality.

8 IP Ownership and Licence

You acknowledge that all IP in the Site, the Tools and the Site Content belong to us (or our licensors). Such rights are protected by copyright laws and treaties around the world. All such rights are reserved. You further acknowledge that rights in the Site, the Tools and the Site Content are licensed (not sold) to you, and that you have no rights in, or to, the Site, the Tools or the Site Content other than the right to access the same in accordance with these Terms of Use.

We grant to you a non-exclusive, non-transferable, royalty-free licence for the duration of your Subscription Period only to download PDF reports generated using the Tools, for your lawful use only and subject to the restrictions set out in these Terms of Use. You are not permitted to modify, publish, transmit, “link-to”, participate in the transfer or sale, create derivative works, or in any way exploit such reports, in whole or in part (whether or not for financial gain) except as provided in these Terms of Use.

9 Linking to the Site

You may link to the homepage of the Site, provided you do so with our express written permission on a website owned by you in a way that is fair and legal and does not damage our reputation or take advantage of it or portray the Site in a derogatory manner. 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.

We reserve the right to withdraw linking permission without notice.

10 Indemnity

You, and your organisation (as the case may be), will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms of Use, or arising out of any claim that you have breached any of these Terms of Use.

11 Suspension and Termination

If you breach these Terms of Use we reserve the right to suspend your Account until such breach has been remedied (in such circumstances the current Subscription Period shall continue to run and you will not be entitled to a refund of your Licence Fees). Where such breach is incapable of remedy (determined by us, at our sole discretion, acting reasonably) we reserve the right to permanently disable your Account and terminate your Subscription Period, without further liability to you (in such circumstances you will not be entitled to a refund of your Licence Fees for the unexpired portion of your Subscription Period).

On termination of a Subscription Period for any reason (or on expiry of a Subscription Period where no automatic renewal is due to take place), all licences granted to you under these Terms of Use will immediately terminate and you must immediately cease accessing your Account and using the Site, the Tools and the Site Content. You must also irretrievably delete or destroy (at our request) any Site Content you may have downloaded, copied or otherwise reproduced.

12 Limitation of our liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We will not be liable 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, the Site, the Tools and/or the Site Content. 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.

Subject to the above conditions, our maximum aggregate liability under or in connection with these Terms of Use, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the Licence Fee paid by you, or your organisation (as the case may be), in the six months immediately preceding any claim.

13 Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

If any of your use of or interaction with the Site or its servers would commit a criminal offence under the Computer Misuse Act 1990, we will report it to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

14 Changes

We may update the Site and/or make changes to the Site Content and/or Tools from time to time, provided always that such changes do not adversely affect your use of the same.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

15 Other Applicable Terms

The following additional terms also apply to your use of the Site:

- our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us;

- our Cookie Policy, which sets out information about the cookies on the Site; and

- any additional login and registration requirements we impose on you.

By agreeing to these Terms of Use, you agree that you have read, understood and agree to the terms of our Privacy Policy, Cookie Policy and additional login and registration requirements.

16 General

If any part of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable by any Court having competent jurisdiction then that provision shall be deemed altered so as to be enforceable, or (if not capable of being so altered) severable from these Terms of Use and the validity of the remaining provisions will be unaffected.

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use as such rights are personal to you.

If we do not exercise any right or remedy under these Terms of Use, this will not mean that such right or remedy has been waived.

These Terms of Use contain our entire agreement and understanding with you in relation to your use of the Site and you agree that you do not rely on any statement, warranty or representation that is not expressly included.

Your use of the Site and these Terms of Use shall be governed and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).

17 Contact us

The Tools use our proprietary software and algorithms and, as such, we rely on our users to inform us if they notice any errors appearing in the data they produce. If you notice any errors with the Tools, or otherwise need to contact us, please use the Contact Us section of the Site.