Please read these terms and conditions ("Terms") carefully before you start to use this website. By using this Personal Finance Portal website ("PFP") and, if applicable, the services provided within and / or through PFP by Yodlee Inc (together, the "Software") you agree to be bound by these Terms. These Terms are effective from the date that you first use the Software. If you do not agree to these Terms, please do not activate your Account or continue to use the Software.
The Software is made available to you by us, the financial adviser firm with whom you have registered for PFP ("your Financial Adviser", "us", "we", or "our").
These Terms form an agreement between us and you ("you"), each being a "party" and together being the "parties".
Your right to use the Software is set out in these Terms. We, and our suppliers, remain the legal owners or licensees (as appropriate) of the Software at all times. You agree that you will only contact us in respect of any matters relating to the Software.
This website and the Software is directed at users in the United Kingdom only, and we, and our suppliers, accept no liability for use outside the United Kingdom.
- These Terms govern the use of the Software and any associated media and printed materials. These Terms apply to any updates, new releases and new versions of the Software that are made available to you from time to time, other than any new version of the Software that is publicly marketed and offered for purchase, if such version of the Software contains significant differences from the previous versions and is generally accepted in the marketplace as constituting a new product.
- We may change these Terms at any time and may require you to agree to any updated terms and conditions before continuing to use the Software. You are responsible for checking this webpage from time to time to take notice of any changes made, as they are binding on you.
- To be eligible to use the Software, you must be registered with us, and once registered, we may issue you with access to an account to use the Software ("Account").
- You are responsible for making all arrangements necessary for you to access the Software, including the necessary device configuration and internet connection.
GRANT AND SCOPE OF LICENCE
- In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-sub-licensable and non-exclusive licence to use the Software, subject to these Terms. We, and our suppliers, reserve all other rights.
- use the Software on any eligible device (including computers and any tablet or mobile phone running a version of Android or iOS);
- view, use and display the Software for your personal use only; and
- use any of the documentation and any other written materials supplied with the Software ("User Documentation") for your personal use only.
- PFP Premium. You may, or we may on your behalf when requested to do so by you, choose to register you with an optional tool in the Software called 'PFP Premium' ("PFP Premium"). In the event you or we register you to use PFP Premium, your use will be subject to the provisions contained in Schedule 1 (PFP Premium End User Terms). You may cease using PFP Premium at any time by unsubscribing or requesting that we unsubscribe you from the service. The services offered under PFP Premium are made available to you by Yodlee Inc.
Except as expressly set out in these Terms you agree:
- to use the Software strictly in accordance with these Terms and the User Documentation;
- not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or permit any third parties to do the same;
- not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do the same;
- not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person; and
- to comply with all instructions given by us in relation to the use of the Software, (together the "Licence Restrictions").
- Except as expressly set out in these Terms you agree:
ACCEPTABLE USE RESTRICTIONS
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software; and
- keep your Account details, including your username and password, confidential and not allow anyone else to access your Account.
- You must:
VALIDATION, INFORMATION AND WARRANTIES
- The information about you and your finances (your "Portfolio") within the Software is provided by us and is based upon the information you have provided to us or the action we have taken in relation to your Portfolio as agreed with you. If you have any concerns about the accuracy of such information please contact us as soon as possible.
- We, and our suppliers, give you no warranty or assurance and all implied warranties and conditions are excluded to the maximum extent permitted by law. We, and our suppliers, do not warrant that any content of the Software will be error-free, that defects will be corrected, or that the Software is free of viruses or other harmful components. We, and our suppliers, do not warrant or make any representations regarding the use, or the results of the use, of the materials on this Software in terms of their correctness, accuracy, reliability, or otherwise.
- The Software may contain links to third parties, such as the websites of advertisers, partners and affiliates. These links are provided for convenience only and, to the fullest extent permitted by law, we, and our suppliers, do not accept any responsibility for such links, nor for any materials or information available on third-party sites. Please note that such websites have their own privacy policies and you should check these before submitting any data to any such websites.
- You shall fully indemnify us, and our suppliers, in respect of all claims, losses, costs (including legal fees), demands, and all other liabilities arising out of or in connection with your use of the Software, including in relation to any breach, or threatened breach, of the intellectual property rights in the Software or any intellectual property rights of any third parties.
- You agree that our suppliers are third party beneficiaries of the indemnity in Clause 7.1 with all rights to enforce such indemnity as if each such supplier were a party to these Terms.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Software belong us and/or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use it in accordance with these Terms.
- You acknowledge that you have no right to have access to the source code of the Software.
- Personal Data (as defined in the Data Protection Act 1998 (the "Act")) will be collected from you in relation to the Software and will be processed in accordance with the Act.
- By providing your Personal Data to us via the Software, you consent to the processing of your Personal Data as contemplated by these Terms and the provisions of Clause 9.3 below. To the extent that you have provided (or will provide) Personal Data about any other individual, you agree that you have informed them of the intended processing of their Personal Data as set out in these Terms.
Processing of Personal Data:
- Anonymous Usage Data: when you use the Software, we (and / or our suppliers) may collect certain anonymous usage and transaction data, such as pages visited and services used within the Software. This information is not personally identifiable information and is generally used to improve the services offered.
- Username: when you use the Software you are requested to provide a username (this may amount to Personal Data as defined in the Act).
- The information collected from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA), including any destination where the privacy laws of the country concerned may be different and less protective than those of EEA countries. It may also be processed by personnel operating outside the EEA who work for us or for one of our suppliers. Such personnel may be engaged in, among other things, the provision of support services.
- Security: We will ensure that appropriate technical and organisational measures are taken to guard against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data. Please note, however, that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of any data transmitted to our site and any such transmission is at your own risk.
- Cookies may be used by, or within, the Software. Details of the cookies policy can be found in the "Policies" section (click here [insert link]).
LIMITATION OF LIABILITY
- You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the User Documentation meet your requirements.
- You hereby agree and acknowledge that you should contact us in the event that you are (i) dissatisfied with the Software, (ii) if you require any support or maintenance, or (iii) if you believe that the Software has not performed in accordance with these Terms or as described in the User Documentation. No support or maintenance shall be provided to you directly by our suppliers.
- Nothing in these Terms excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
- Without prejudice to Clause 11.3 of these Terms, our maximum aggregate liability to you arising out of or in connection with these Terms shall be limited to £1,000 (one thousand pounds sterling).
TERMINATION AND EXPIRY
- These Terms shall automatically expire if you discontinue using us as your financial adviser.
We may terminate these Terms immediately upon written notice to you, including for, but not limited to:
- if you commit a material breach of these Terms which you fail to remedy within thirty (30) days; or
- if you breach any of the restrictions set out in Clauses 4 (Licence Restrictions) and 5 (Acceptable Use Restrictions) of these Terms.
On expiry or termination of these Terms for any reason:
- all rights granted to you under these Terms shall cease; and
- you must immediately cease using the Software.
LAW AND JURISDICTION
- These Terms, its subject matter and its formation, are governed by English law. The parties hereby agree that the courts of England will have exclusive jurisdiction over any disputes arising out of these Terms.
SCHEDULE 1 - PFP PREMIUM END USER TERMS
- Application of these Terms. These PFP Premium End User Terms apply only in relation to the PFP Premium service (if you use PFP Premium in accordance with Clause 3.3 of the Terms).
- In this Schedule 1, the following term has the following meaning: "Service Provider" means our third party supplier of the PFP Premium service, Yodlee Inc, a Delaware corporation having its principal place of business at 3600 Bridge Parkway, Redwood City, California 94065.
- Provide accurate information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
- Propriety Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
- Content you provide. You permit us and Service Provider to Use any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the service. "Use" means use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we and Service Provider may use the Content for the purposes set out above. As between you and us, we own your confidential account information.
- Third party accounts. By using the service, you authorise us and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us and Service Provider a limited power of attorney, and you hereby appoint us and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we or Service Provider access and retrieve information from third party sites, we and Service Provider are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
Disclaimer of warranties. You expressly understand and agree that:
- Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an "as is" and "as available" basis, we and Service Provider expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of this parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement.
- We and Service Provider make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or Service Provider through or from the service will create any warranty not expressly stated in these terms.
- Limitation of liability. You agree that neither we or Service Provider nor any of our (and / or Service Provider's) affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we or Service Provider had been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the service, (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service, (iv) unauthorised access to or alteration of your transmissions or data, (v) statements or conduct of anyone on the service, (vi) the use, inability to use, unauthorised use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages, or (vii) any other matter relating to the service.
- Indemnification. You agree to protect and fully compensate us and Service Provider and our (and / or Service Provider's) affiliates from any third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
- You agree that the Service Provider is a third party beneficiary of the terms of this Schedule 1, with all rights to enforce such terms as if Service Provider were a party to these Terms.