1. These IFA User Terms
1.1 In accordance with the following user terms
('IFA User Terms'), the Independent Financial Adviser ("IFA") listed at
the top of these User Terms (whose details are available via this link)
grants to you as an authorised user ('you') of this site ('Web Site')
certain rights (as set out below) and in return you agree to perform
certain obligations.
1.2 IFA is regulated by the Financial Services Authority (FSA) for
investment business in the UK. If you wish to verify the authorisation
of IFA you may do so by conducting a free on-line search of the FSA's
Central Register."
1.3 Please read these IFA User Terms carefully. They are a legal
document and, by your continued use of the Web Site, you agree to be
bound by these IFA User Terms.
1.4 If you do not agree with these IFA User Terms and do not wish to be
bound by them, please exit this Web Site and do not use the Web Site in
the future.
1.5 Any goods and services ("Merchandise") offered for sale by
companies other than IFA ("Third Party Content Providers") via third
party web sites linked to this Web Site are subject to separate terms
and conditions between you and the applicable Third Party Content
Provider. You acknowledge that the applicable Third Party Content
Provider (and not IFA) is solely responsible for the fulfilment of
orders for any merchandise and for its quality, suitability, and
fitness for purpose. Any disputes or questions relating to the
Merchandise must be directed to the Third Party Content Provider in
question and you acknowledge that IFA shall have no responsibility,
obligations or liability in relation to the Merchandise.
1.6 If you register for any competition offered by this Web Site, the
competition rules set out at Clause 8 below shall apply in addition to
the remainder of these IFA User Terms.
2. Licence to Use Material on Web Site
2.1 IFA grants to you a personal, non-exclusive,
non-transferable, royalty-free licence to use all the material on the
Web Site (including but not limited to: software, documentation, text,
pictures, sounds, graphics, articles, video or audio clips, and
advertising material) ('IFA Material') on the basis set out in Clause
2.2.
2.2 You are entitled to view, copy, print, access, download and
transmit (for the purposes expressly permitted in these IFA User Terms)
and store the IFA Material for your own personal, non-commercial use
provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the IFA Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile,
disassemble (except as expressly permitted by law) or create derivative
works of any of the IFA Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any
rights in the IFA Material in any form, to any person or entity without
the prior written consent of IFA.
2.3 Any product, process or technology referred to in the IFA Material
may be subject to other intellectual property rights of IFA and are not
made available hereunder.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to
you in accordance with Clause 2, IFA or other third parties which
licence such material to the IFA, retain their ownership, title and
interest in the intellectual property rights contained in the IFA
Material including but not limited to copyright, database rights, trade
marks, patents, service marks, design rights (whether registerable or
otherwise) know-how, trade or business names, domain names, goodwill
associated with any of the foregoing and other similar rights or
obligations whether registerable or not in any jurisdiction in the
world.
3.2 You agree that any material (including any Intellectual Property
Rights in such material), including but not limited to material which
may be sent via any chat services, bulletin boards, competitions or
articles submitted for publication or similar services offered via this
Web Site ("Web Site Services") on the Web Site or in using any of the
Web Site Services ("User Generated Content") may be retained as the
property of IFA. IFA shall have no obligations with regard to the User
Generated Content, or monitor the User Generated Content to ensure that
it complies with applicable laws or regulations. You remain solely
responsible for the User Generated Content in accordance with Clause 6.
3.3 IFA may have trademarks in its name. All other product names and
company logos mentioned in the information, documents or other items
provided or available on this Web Site may be the trademarks of their
respective owners.
4. Duration of IFA User Terms and Termination
4.1 These IFA User Terms are binding upon you
immediately. You accept them by your use of this Web Site, and they
will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 IFA terminates these IFA User Terms by notice to you at any time in accordance with Clause 10.2; or
4.1.3 you terminate these IFA User Terms by notice to IFA at any time in accordance with Clause 10.1.
4.2 In the event that these IFA User Terms are terminated for any of
the reasons stated above, you agree to comply with the following
obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be
terminated forthwith and you shall have no further rights to use the
IFA Material;
4.2.2 you must delete or destroy any of the IFA Material stored by you
in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Web Site or the Web Site Services.
5. IFA's Responsibilities
5.1 IFA undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 IFA makes no representation or warranty that the Web Site or Web
Site Services will be accessible, or useable by you or error free. IFA
uses reasonable efforts to include accurate and up-to-date information
on the Web Site. The information, documents or other items provided or
available on this Web Site could include technical inaccuracies or
typographical errors. IFA makes no warranties or representations as to
its accuracy. IFA assumes no liability or responsibility for any errors
or omissions in the content on the Web Site.
5.3 IFA reserves the right, without notice to you, to remove any IFA
Material from the Web Site or to suspend or alter the operation of the
Web Site or any Web Site Services, at its sole discretion or for legal
or technical reasons. IFA will give you as much notice as possible
prior to taking any of the actions described in this Clause, but prior
notice may not always be feasible for a variety of reasons. IFA may
make improvements and/or changes to the information or documents
provided or available on this Web Site at any time.
6. Your Responsibilities
6.1 You agree that you are responsible for the
security and use of any user names or passwords needed to access or use
the Web Site or any Web Site Services. You must take all reasonable
steps to ensure that these user names and passwords are kept
confidential and secure and you do not allow any unauthorised person to
access the Web Site or any of the Web Site Services using your user
name or password.
6.2 You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or
publish any material that is offensive, abusive, indecent, defamatory,
obscene, or in breach of any other person's Intellectual Property
Rights or breaches any obligation of confidentiality by which you are
bound;
6.2.2 to send or distribute multiple unsolicited emails or messages
('Spam') or to cause any other person annoyance, inconvenience or worry;
6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
6.3 You agree to indemnify IFA against any claims, costs, expenses or
legal proceedings caused as a result of your use of the Web Site or Web
Site Services in contravention of Clauses 6.1 and 6.2. Further, in
these circumstances, IFA shall be entitled to treat the contravention
as a material breach of these IFA User Terms and terminate the IFA User
Terms and any access permission granted to you by IFA forthwith,
without notice to you.
7. Consent to Use of Your Personal Information
For the purposes of the Date Protection Act 1998,
you acknowledge that in the course of registering and using this Web
Site and the Web Site Services, certain personal information or data
about you will be captured electronically or otherwise and transmitted
to IFA. By accepting these IFA User Terms, you expressly agree to
transfer such personal information or data to IFA to use, store and
process the personal information in accordance with the provisions set
out in the IFA Privacy Policy.
8. Competition Rules
8.1 All competitions offered by IFA from this Web
Site ("Competitions") are only open to United Kingdom residents who are
aged 18 or over ("Entrant").
8.2 All entrants must register for the relevant Competition by giving
their correct name and address in the United Kingdom, together with
their e-mail address. By registering for the relevant competition, you
acknowledge that you have read and agree to the provisions contained in
Clause 7 above and the IFA Privacy Policy, regarding consent to use
your personal information.
8.3 By registering for any Competition you accept these Competition
rules (together with any rules relating to a particular Competition
posted on the Web Site by IFA) ("Competition Rules"). You also agree to
allow your name to be published on the Web Site if you are a prize
winner.
8.4 Prizes are as stated in the competition details on the Web Site.
IFA will not offer cash alternatives to prizes offered. Prizes are
allocated randomly from correct entries received. The Judge's decision
is final and no correspondence will be entered into. Winners will be
notified by post or e-mail after the closing date given for the
Competition, when IFA will give details of how and when you can claim
your prize. Although every effort will be made to supply the prizes
stated, IFA cannot guarantee that the particular prizes will be
available and an equivalent prize may therefore be offered.
8.5 No responsibility can be accepted by IFA for any delayed, lost or
misplaced entries, and incomplete or illegible entries will be
disregarded.
8.6 A full list of prize winners and Competition Rules is available from the IFA in accordance with Clause 10.1.
9. Disclaimers
9.1 You accept that it is reasonable that, to the
maximum extent permitted by law, all representations, conditions,
warranties and other terms whether implied by statute, common law,
course of dealing or otherwise are excluded.
9.2 Nothing in these Terms of Use limits IFA's liability to you for death or personal liability caused by IFA's negligence.
9.3 IFA hereby disclaims any liability to any person for any kind of
loss or damage including, but not limited to, any special, incidental,
indirect or consequential loss or damages caused by errors or omissions
in the information or other items provided or available herein, whether
such errors or omissions result from negligence, accident or any other
cause.
9.4 To the extent that IFA is deemed by a court of competent
jurisdiction to have any liability to you in contract, tort (including
negligence) or otherwise in relation to this Web Site or the Web Site
Services, IFA's entire liability shall be limited to &#pound;1,000
(one thousand pounds) for any one incident or series of related
incidents and up to &#pound;5,000 (five thousand pounds) for all
incidents in any period of 12 months.
9.5 This Web Site may contain links to third party web sites which are
controlled and operated by parties other than IFA ("Third Party Consent
Providers"). The links will let you leave the Web Site and IFA is not
responsible for any contents of any linked web site or any link
contained in a linked web site. The inclusion of any link on the web
site does not imply endorsement by IFA of the linked web site or
products or services offered via the linked web site. If you decide to
access linked third party web sites, you do so entirely at your own
risk. IFA is providing these links only as a convenience, and the
inclusion of any links does not imply endorsement by IFA of the web
site or its contents.
10. Notices
10.1 You may send a legal notice to IFA, or any
questions you may have concerning these IFA User Terms by contacting
IFA via this link. Such notices will be effective within 3 days of
receipt by IFA.
10.2 IFA may send you notice by general notice on this Web Site, by
e-mail to your e-mail address on record with IFA, or by post to the
geographical address on record with IFA. Such notice will be effective
if sent by e-mail or posted on the Web Site, 1 day from the date it was
sent or posted on the Web Site. If sent by regular post, it will be
effective 3 days after posting by IFA.
11. General
11.1 IFA reserves the right to add to or change the
terms of these IFA User Terms in its sole discretion without prior
notice to you. All changes to the IFA User Terms will be effective once
posted on the Web Site. IFA will provide notice of the changes to the
IFA User Terms for a reasonable time after posting the amended IFA User
Terms on the Web Site. Your continued use of the Web Site or the Web
Site Services following IFA's posting of such changes will be regarded
by IFA as acceptance of the amended IFA User Terms. If you do not agree
to be bound by the amended IFA User Terms you should exit the Web Site
and not access or use the Web Site in the future.
11.2 If any part of these IFA User Terms are held by a court of
competent jurisdiction to be unenforceable, the validity of the
remainder of these IFA User Terms will not be affected.
11.3 If IFA is unable to perform any obligation under these IFA User
Terms because of a matter beyond its reasonable control (including but
not limited to); fire, flood, war, explosion, civil disorder, or other
disasters or governmental laws or regulations imposed after the fact,
or events beyond the reasonable control of IFA, IFA will have no
liability for that failure to perform.
11.4 Any person who is not a party to this Agreement has no right under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this Agreement but this does not affect any right or remedy of a third
party which exists or is available apart from that Act.
11.5 Unless otherwise specified on this Web Site, the IFA Materials
available on this Web Site are directed solely at those who access the
Web Site from the United Kingdom. IFA makes no representation that any
IFA Material is appropriate for use elsewhere, or available in other
locations. Those who choose to access this Web Site and the Web Site
Services from any other location are solely responsible for compliance
with local laws and regulations if, and to the extent, that they are
applicable.
11.6 These IFA User Terms are governed by the laws of England, and
subject to the non- exclusive jurisdiction of the English Courts.
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