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Terms of Use

Website Terms of Use

1. The Site

These terms of use (the “Terms”) apply to the websites at FindPensionAdvice.com (the “Site”) and our Chatbots (“Finley”, “Finley AI”, “Financial Helper”).

2. Defined Terms

2.1. Terms used in these Terms and Conditions will have the following meanings:

Chatbots/Finley/Financial Helper

Means our virtual assistant, agent, artificial intelligent chatbots, Finley, Financial Helper, Finley AI which may also be available through Google Actions, Amazon Alexa Skill (“agents” or “bots”, Facebook Messenger Chatbot, other website, portals, Platforms and devices. It also means similar virtual agents and Chatbot(s) that we develop under our own brand(s) or with third parties under their own brands.

FindPensionAdvice“, “us”, “we” and “our”

means Buildily Limited (registered number 10929397), whose registered office is at 20-22 Wenlock Road, London N1 7GU (“our”, “us”, “we”, “findpensionadvice.com”, ”company” and “the company”)

Financial adviser(s)

means independent financial advisers (IFAs) or other financial advisers, including wealth managers, who register on the Website in order to offer their services to users.

Meeting” means a FindPensionAdvice meeting.

Professional(s)

means any Financial Adviser, Wealth managers who registers on the Website in order to offer their services to users.

Service

means the online service operated through the Site, our Chatbots, service(s) accessed through ‘Google Actions’, ‘Amazon Alexa Skills’, enabled devices, ‘Facebook Messenger Chat’ , “Finley AI”, “Finley” , “Financial Helper”, whereby users can search for and select financial advisers, together with any other Service provided by FindPensionAdvice to Users from time to time.

Users

means anyone visiting or using the Site and/or making use of the Service, whether as persons, Financial Adviser(s) or Professional(s) or who use the Service for the purposes of searching for and identifying Financial Adviser(s)/Professional(s), obtaining information, interacting with our Chatbots or any purpose using our Service.

Site

means the website findpensionadvice.com and all the pages, content and sub-domains contained in it. It also means similar websites that we develop with third parties under their own brands.

3. About us

3.1. This site is owned and operated by Buildily Limited and we run the Site and our the creators of our Chatbots. We’re a company registered in England and Wales with company number 10929397 whose registered address is at 20-22 Wenlock Road, London N1 7GU. In these terms we refer to ourselves as “we”, “us”, “our” or “ourselves”.

3.2. In case you need it, our VAT number is 277 392954.

3.3. You can get hold of using the details on the Contact Us section of this Site.

4. Personal Data

4.1. You agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy as amended from time to time. You warrant that all data provided by you is accurate.

4.2. For information about how we collect and use your personal information, please see our privacy notice which is available here: https://www.findpensionadvice.com/privacy-policy to view online. Please also see our cookies policy which is available here: https://www.findpensionadvice.com/cookie-policy to view online.

4.3. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. You must be at least 16 years old to use the Service. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Service or interact with our Chatbots or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us.

5. Terms of use

5.1. These Terms set out the terms on which you may use the Site. These Terms are important and you should read them carefully before using the Site. They explain how you may use the Site.

5.2. By visiting, accessing and using (and continuing to use) the Site, the Service, interacting with our Chatbots including “Finley”,”Finley Ai”, “Financial Helper”, either on our site or through third party products or systems such as Google Actions, Amazon Alexa Skill (“agents” or “bots”), Facebook Messenger Chatbot, or any other service or website or offering for which our Chatbots are available or accessible, you (together with all others who visit, access, and use our Site, Service or Chatbots, the “Users”, whether you are a client, a financial adviser or otherwise, signify your  acknowledgement, understanding and agreement to accept and comply with these Terms as stated in this agreement and our Privacy Policy. If you do not agree with these Terms then you must stop using the Site immediately.

5.3  If you are using this Service on behalf of another person/User, then you represent and warrant that you have the authority to bind this individual/User to our Terms of Service.

6. Changes to these Terms

6.1. We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on our Website for a period of time following the posting of such changes.

You understand that it is your responsibility to review these Terms periodically to familiarise yourself with any changes. Your continued use of our Site after we change the Terms will constitute your acknowledgment and agreement of the new provisions.

You should therefore check these Terms each time you visit our Site for any changes. These Terms were last updated on February 4, 2019.

6.2. If you do not agree with the new/amended Terms then you must stop using the Site immediately. However any prior activity by you will remain governed by the provisions of the Terms existing at the time of your activity.

If you continue to use the Site, you agree to comply with the new/amended Terms.

7. About our Service

7.1. FindPensionAdvice provides an online service to help Users find Financial Adviser(s) or Professional(s) in relation to their pension or general financial planning needs, irrespective of their geographical location within the United Kingdom. We provide a service to find, book a meeting and communicate via an initial online video meeting and a listing service for Financial Adviser(s) and Professional(s). Through our Site or use of our Chatbots. The Service we provide is for use by persons in the UK only.

7.2. FindPensionAdvice and our Chatbots are not authorised to give, and does not give, any financial, investment, tax or legal advice.

7.3. FindPensionAdvice and our Chatbots are not regulated or authorised by the Financial Conduct Authority or registered or regulated by the Solicitors Regulation Authority or any other professional regulatory body to provide or offer financial, legal, tax or investment advice.

7.4. FindPensionAdvice is a technology platform is a technology platform , which provides a means for members of the public to locate a Financial Adviser(s) or Professional(s) and obtain general information on an ‘as is’ and ‘as available’ basis and we give no representations, guarantees or warranties of any kind, whether express or implied. Users can view, learn about, and book a meeting or connect with financial adviser(s), and their representatives, who are listed in the our directory.

FindPensionAdvice and our Chatbots do not recommend any Financial Adviser(s) or Professional(s), the fact that Financial Adviser(s) or Professional(s) are listed or included on the Site does not constitute approval or endorsement by FindPensionAdvice in any way.

7.5. As FindPensionAdvice and our Chatbots do not provide financial, legal, investment advice, tax advice or any advice of any kind it is the responsibility of the user to identify and select an appropriate Financial Adviser(s) or Professional(s), to agree the fee arrangements and other terms of engagement with the Financial Adviser(s) or Professional(s) and to assess the suitability, if applicable, of any available financial products.

7.6. You agree that FindPensionAdvice shall not be responsible, or liable, for any loss or damage of any sort arising from any such dealings.

7.7. In the event that you have a dispute with one or more other Users whilst FindPensionAdvice may, at the request of Users or a Financial Adviser(s) or Professional(s), investigate a complaint, you acknowledge and agree that FindPensionAdvice is under no obligation to become involved in any dispute between Users.

7.8. You hereby release FindPensionAdvice, its directors, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the service (save to the extent caused by FindPensionAdvice’s or our Chatbots own negligence or willful default).

7.9. Incorporation by Reference of Third-Party Terms. FindPensionAdvice utilises one or more platforms or systems by TokBox. FindPensionAdvice does not provide any greater or different representations or assurances with respect to TokBox components utilized in the Services than TokBox provides to FindPensionAdvice . All terms and conditions set forth in the TokBox terms of use which are required to be set forth in this Agreement are hereby incorporated herein by reference as if fully set forth herein. The current TokBox terms of use are available at:

https://tokbox.com/support/tos.

7.10. Incorporation by Reference. To the extent applicable, the following terms are incorporated by reference into these Terms: FindPensionAdvice utilises one or more platforms or systems by FinleyAi. All terms and conditions set forth in the FinleyAi terms of use which are required to be set forth in this Agreement are hereby incorporated herein by reference as if fully set forth herein. The current FinleyAi terms of use are available at:

https://finleyai.com/terms-conditions.

8. Site Availability and access to the Site

8.1. Our Site is aimed at website visitors based in the United Kingdom. The content on the Site may not be appropriate or available for use in locations outside of the United Kingdom.

8.2. We permit access to the Site on a temporary basis and we may amend, suspend or indefinitely withdraw the Site, without notice to you.

8.3. You may only use our Site for lawful reasons.

8.4. Whilst we try to make this Site available at all times, we make no promises that it will be available at all times and we will not be liable if the Site is unavailable for any period of time, for whatever reason.

8.5. Access to the Site may be restricted or the Site may be unavailable to allow us to repair, maintain or improve the Site. We do not guarantee that access to the Site will be uninterrupted.

8.6. Some areas of our Site may be restricted to those people who have registered with us as Financial Adviser(s) or Professional(s).

8.7. You are responsible for ensuring that you have the necessary and compatible equipment or devices for accessing our Site.

8.8. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended.

8.9. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

8.10. You may not use the Site to create, confirm, amend your own or someone else’s directories, databases, records,mailing or prospecting lists or customer lists.

8.11. You may not use the functionality within the Site to contact Financia; Adviser(s) or Professional(s) for your own commercial purpose

9. Updates to Content

From time to time we may update or change content on our Site.

10. Reliance on Content

10.1. The content on our Site is posted for general information purposes on an ‘as is’ basis and is not intended to amount to advice on which you should rely.

10.2. You should always obtain your own professional advice before taking any action or refraining from doing something based on the content of our Site.

10.3. Although we make reasonable endeavours to ensure that the information on our Site or by that which is provided by our Chatbots is correct, but we do not warrant, represent, promise or guarantee that the content on our Site or provided by our Chatbots is up to date or accurate. Without limitation, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on our Website or through our Chatbots. FindPensionAdvice cannot guarantee the accuracy of the information on the Site, retrieved, provided or displayed through our Chatbots and we are not liable for any problems or losses arising from errors in such information. The information may be incorrect or out of date; and/or may not constitute a complete or definitive statement of the law or any legal, financial or tax issues.

Information contained in this Site or provided by our Chatbots are provided for general guidance only and shall not be construed as financial or professional advice. The information is not intended to constitute advice or guidance upon which you may rely and is not a substitute for professional, financial, legal or tax advice based on your own circumstances. FindPensionAdvice does not accept any responsibility for any loss which may arise from the reliance on information contained in the Site or provided by or through our Chatbots.

10.4. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site, through our Chatbots (including Information provided in direct response to your searches and other activities) may be provided by individuals in the financial advisory profession, the provision of such Information does not create a professional/client relationship and does not constitute an opinion, financial, legal, or tax advice but is intended only for general information purposes only.

11. Adviser Login Details

11.1. If you have login details to access any part of the Site, you must treat those details as confidential and you must not share them with or disclose them to any other person or any other third party.

11.2. You will be responsible for all activity and enquiries placed under your login details. If you believe that someone else knows your password then you should contact us immediately using the details set out in section 3 above.

11.3. If we believe that you have not complied with these Terms or any other terms applicable to you, then we reserve the right to disable or suspend your login details.

11.4. If we believe that there has been a breach of security in relation to your login details or we believe that your account has been misused then we may lock your account and require you to change your password.

12. Third Party Sites

The Site may contain links to third-party websites. We are not responsible for the content on any linked website and we accept no responsibility for any loss or damage suffered due to your use of them. We provide these links as we believe it may assist you and other visitors to our Site but by providing the link we do not in any way approve the linked website or anything contained therein.

11.5 The person signing up for the Service will be the contracting party (“Professional(s)/User”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Professional(s)/User in connection with the Service.

11.6 If you are signing up for the Service on behalf of your employer, your employer shall be the Professional/User. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

13. User’s content & responsibility communication

13.1. If you submit any content to our Site (such as on a chatroom or providing a review, through a Financial Adviser(s) or Professional(s) profile page) you agree that:

  • you own the intellectual property rights in the content you submit and no content which you submit will infringe the intellectual property rights of anybody else;
  • you are personally responsible for the content which you submit;
  • you will not submit anything which is false, misleading or inaccurate;
  • you will not submit anything which is defamatory, threatening or which is otherwise considered offensive or which is against the law; and
  • you will not submit anything which contains viruses or similar programs or files which damage equipment, devices or software.

13.2. We reserve the right to remove any submissions made to our Site.

13.3. If you fail to comply with this section 13 of these Terms, we reserve the right to suspend or withdraw indefinitely your access to or use of our Site. We may also take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

Video  Communication Terms

13.4. You agree that You are solely responsible for the content (“Content”) sent by You or displayed or uploaded by You in using the Services.

13.5. You agree that You will not use the Services in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings.

13.6. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.

13.7. You further agree not to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of FindPensionAdvice or other users of Services.

13.8. Recognizing the global nature of the Internet, You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content and the transmission of technical data exported from the country in which You reside.

13.9. FindPensionAdvice reserves the right to investigate and take appropriate action against anyone who, in FindPensionAdvice sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Services is void where prohibited.

13.10. We do not usually edit or monitor content uploaded by visitors. User’s content has not been approved by us and does not necessarily represent our views or values. If there is content uploaded by other Users or visitors that you wish to complain about then please contact us using the details set out in section 3 above.

14. Viruses and bugs

14.1. We do not guarantee that our Site will be free from viruses, bugs or other harmful code or programs. It is your responsibility to ensure that the equipment and devices you use to access our Site are installed with up to date and sufficient anti-virus software.

14.2. You must not intentionally introduce viruses, bugs or other harmful code or programs to our Site.

14.3. You must not attempt to hack or attack or attempt to gain unauthorised access to our Site, any part of it or any software or equipment connected to it. We may take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

15. Our Liability

15.1. FindPensionAdvice does not provide financial, legal, tax, investment advice or any form of advice. FindPensionAdvice does not recommend, endorse or approve any of the Financial Adviser(s) or Professional(s) listed in the Site, or provided through our Chatbots or any advice the Financial Adviser(s) or Professional(s) may provide.

15.2. The information provided on the site and in any other communications from or provided through FindPensionAdvice, our Chatbots or the Site is not intended as a substitute for, nor does it replace, professional financial advice. The delay, disregard or avoidance of obtaining financial advice from a qualified professional should not be based of something you read on the Site or which has been provided through or by our Chatbots.

15.3. Your use of information provided on the Site or through our Chatbots is solely at your own risk. Nothing stated or posted on the Site or available through any Service we provide is intended to be, and must not be taken to be, the provision of financial advice.

15.4. No warranty is given or provided to the competence, suitability or qualifications of any Financial Adviser(s) or Professional(s) and FindPensionAdvice shall not be liable for any loss or damage resulting from any advice given by Financial Adviser(s) or Professional(s) or the purchase of (or failure to purchase) any products or services as a result of or in connection with such advice.

15.5. Although we aim to seek verification from each Financial Adviser(s) or Professional(s) that the description of their services and qualifications on the Site is accurate and request that each Financial Adviser(s) or Professional(s) provide their Financial Conduct Authority (FCA) number which we periodically (at our discretion at a frequency determined by FindPensionAdvice), check to verify their financial adviser status data against FCA records. It is not practicable for us to independently verify all the data provided as such FindPensionAdvice shall not be responsible for information provided by the Financial Adviser(s) or Professional(s) on the Site. FindPensionAdvice is not responsible for conducting any other checks on Financial Adviser(s) or Professional(s).

15.6. The Service provided through our Site is only a conduit that provides the information regarding Financial Adviser(s) and Professional(s), as provided to us by the Financial Adviser(s) and Professional(s) and other Users of the Site. If you rely on any of the information provided on our Site, you do so solely at your own risk.

15.7. The information on the Site may include statements of opinion, which are not statements of fact or FindPensionAdvice’s recommendations to utilise the services of any specific Financial Adviser(s) or Professional(s).

15.8. You understand that the views expressed on a Financial Adviser(s) or Professional(s) profile page are the Financial Adviser(s) or Professional(s) own opinions. Financial Adviser(s) or Professional(s) profile pages may contain opinions from time to time with regard to investments, including pensions, stocks, shares, equities and those opinions may be different from those contained or obtained from other Financial Adviser(s) or Professional(s).

15.9. You should obtain any additional information necessary to make an informed decision before selecting and using any specific Financial Adviser(s) or Professional(s).

15.10. You agree to assume all responsibility in connection with choosing any Financial Adviser(s) or Professional(s) whether or not you obtained information about such Financial Adviser(s) or Professional(s) on or through the Site or our Chatbots.

15.11. FindPensionAdvice is not responsible or liable for any advice or other services rendered by any Financial Adviser(s) or Professional(s) or for any claims that may arise directly or indirectly from any such advice or services.

15.12. Users should be aware that Investing in stocks, investments or shares carry risk. The value of investments can fall as well as rise. Past performance is not a reliable indicator of future performance. Users conducting business with any Financial Adviser(s) or Professional(s) should remember that the value of an investment and the income received from an investment can go down as well as up, and they may not get back the amount they invested. Changes in exchange rates or taxation may have an adverse effect on the price, value or income of the investments. Investment returns may be constrained by charges levied and inflation may reduce the value of investments.

15.13. You agree any and all warranties relating to the Site and our Chatbots and the Service, including, without limitation, any implied warranties as to fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

15.14. Nothing in this section 15 or these Terms shall exclude or place limits on our liability for any death or personal injury caused by our negligence or for any other liability which cannot be excluded or limited by law.

15.15. To the fullest extent permitted by law we exclude all liability for loss or damage arising out of or in connection with your use of our Site (including any inability to use our Site). This exclusion covers, but is not limited to, liability for:

  • any direct loss;
  • any loss of profit;
  • any loss of revenue, anticipate savings or goodwill; or
  • any indirect or consequential loss.

15.16. To the fullest extent permitted by law, we exclude all representations and warranties relating to our Site and the content on it.

15.17. As explained in section 10, we will not be liable for any loss or damage arising out of or in connection with your use of or reliance on any content on our Site.

15.18. If you are a consumer, then none of these exclusions or limitations or other terms in these Terms affect your rights under consumer law.

15.19. FindPensionAdvice shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs or damages however arising pursuant to your use of this Site.

15.20. FindPensionAdvice’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise shall be limited to £50.

16. Intellectual Property Rights

16.1. Except in respect of content uploaded by Users (see section 13) we own (or we are an authorised licensee) of all intellectual property rights on this Site and in the material and content published on it. These are protected by worldwide intellectual property laws and we reserve all such rights.

16.2. We grant to visitors and Users of the Site a non-exclusive revocable licence to view and print the content appearing on the Site or any part of it, subject to the following conditions:

  • you may print one copy for your own personal use (but not for commercial use);
  • you may download extract(s) from our Site for your own personal use (but not for commercial use);
  • you must not delete any copyright notice from any content which you print or download;
  • you must acknowledge us (or the relevant person/contributor) as the author of the content;
  • you must not license or resell any content printed or downloaded from our Site; and
  • you must not use any of our trade marks or any third party trade marks which appear on our Site without our express written permission (or that of the relevant third party).

16.3. If you print or copy any content from our Site without complying with these Terms then your right to access our Site will end immediately and you must destroy, delete or return any copies of the content when and how we instruct you to.

 

17. Advertising

Our Site may contain advertising content.  Any such advertisers are solely responsible for ensuring that all material included in our Site is accurate and up to date and complies with all applicable laws, regulations and codes of practice.  If you visit the website of one of our advertisers, you should also view their own applicable privacy statements or other relevant terms and conditions.

18. Affiliate Disclosure

FindPensionAdvice is participating in the Webgains Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to other businesses on the within the Webgains Network

https://www.webgains.com

Webgains

Webgains is a global affiliate network that brings together the Ad Pepper Media Group a third party affiliate marketing network, uses cookies to help make sure we receive a commission when you take up a service or purchase a product after clicking on a link or ad banner that takes you to the site of one of their merchants within the affiliate network.  You can read Webgain’s Privacy Policy https://www.webgains.com/public/en/privacy/

19. Links to our Site

You may link to our Site but any such link is subject to the following conditions:

  • the link must not damage our reputation;
  • you must ensure that the link does not in any way suggest that there is any kind of association between us and does not suggest that we promote or endorse you in any way; and
  • we reserve the right to withdraw permission to you linking to our Site.

20. Severance

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the validity and enforceability of the rest of these Terms.

21. Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with English law. If there is ever any dispute between you and us, then it will be resolved using English law and shall be subject to the exclusive jurisdiction of the English courts

1. Professional(s) Terms

1.1 These terms and conditions for supply Service to Financial Adviser(s), Professional(s) and businesses online state the basis on which we will supply listing services to our Professional(s) and Financial Adviser(s).
1.2 FindPensionAdvice provides a listing Service for Professional(s) to access new business enquiries from Users seeking advice irrespective of their geographical location within the United Kingdom by connecting them with a Financial Adviser(s) or Professional(s) to provide advice via phone or online.

1.3 In these Professional Terms the definitions used in the general terms apply as well.

2. Joining the Service

2.1 Financial adviser(s) and Professional(s) are required to complete an online FindPensionAdvice Professional(s) profile to join our Service and to maintain their listing ensure the following:

2.1.1 You are able to provide advice via online and phone, irrespective of a Users geographical location to you or your firm.

2.1.2 All information about your company and the persons listed in your company is fully accurate, up – to – date, clear, fair and not misleading.

2.1.3 You are not linking to your own website or inviting others to contact you by a channel other than FindPensionAdvice in your FindPensionAdvice profile.

2.1.4 You monitor and evaluate the details and content of your profile regularly, as you are responsible for maintaining and ensuring your profile is up to date.

2.1.5 You are registered: under your registration number you provided with the FCA as a financial adviser.

2.1.6 You have accurately stated whether or not you offer independent or restricted (per the latest FCA definition)- related advice in each product area (including investments, pensions and mortgages but not limited to) and whether you have registered with the Financial Conduct Authority as an independent adviser.

2.1.7 In order to provide users with accurate and complete information (including, without limitation, changes to your Financial Conduct Authority status or membership of any governing or professional body) you will promptly communicate any significant changes to the information or status that may affect your eligibility to use the Service, or make any element of your Profile misleading, inaccurate, or otherwise inconsistent with the purposes of our Site

2.1.8 You comply with (whether or not mandatory) all applicable laws and regulations including, without limitation, our policies published in the Site, the FCA and ASA (Advertising Standards Authority) Regulations, and any other ‘ applicable regulations, ‘ rules or applicable legislation that applies to you.

2.1.9 Understand and acknowledge that FindPensionAdvice is not responsible for checking or verifying your compliance.

2.1.10 You agree to comply with and be bound by (i) our general terms and conditions (“General Terms”) and (ii) the terms and conditions set out within the (“Professional Terms”), which together with the registration form constitute a binding contract between you and FindPensionAdvice, by completing an online registration form (“Registration Form”) to participate in the listing Service ‘Service’..

2.2 In these Professional Terms the definitions used in the general terms apply as well.

3. Fees for Service

3.1 All substantial amendments to our subscription fees, enquiry fees or additional charges will be communicated to active users in advance by e – mail.
3.2 Fees to subscribe

3.2.1 FindPensionAdvice currently does not charge subscription fees for our Financial Adviser(s) or for our Professional(s).

3.3 Fees for the Enquiries

3.3.1 Financial adviser(s) and Professional(s) are required to pay fees to FindPensionAdvice for each enquiry they receive through the Service (“Application”), details of enquiry fees are available here (advisers.findpensionadvice.com/join.

3.3.2 Users use our Chatbots to help them find a Financial Adviser(s) or Professional(s) and choose the Financial Adviser(s), with whom they want to send the details of their enquiry to / book a free meeting.
3.3.3 If you are chosen by the User, a meeting reservation will be made which will be sent to your email address.
3.3.4 You will receive some initial information about the enquiry and receive all available enquiry information directly to you upon receipt of payment, where applicable. This includes the contact information of the user and any query message.

3.3.5 You have 24 hours to pay for the enquiry (or 48 hours if it comes in during the weekend), before it expires.
3.3.6 If a professional fails to make payment, reply or reject a direct enquiry within the timeframe (24 hours or 48 over a weekend), the enquiry will be forwarded to other Professional(s) most suited to the needs of the User. The customer’s/Users contact information is received by the first Financial Adviser(s)/Professional(s) to respond and pay for the enquiry within 12 hours.

3.3.7 Users who have requested to find advice from our Chatbots will be matched to the Financial Adviser(s)/Professional(s) on our Site who most closely meet the User’s requirements.

3.3.8 if a User does not select from the list of Financial Adviser(s) or Professional(s) shown, we will search for other suitable Financial Adviser(s) or Professional(s) and send the enquiry directly to them. The customer’s/Users contact information is received by the first Financial Adviser(s)/Professional(s) to respond and pay for the enquiry within 12 hours.

3.3.9 We will inform the User(s) of the Financial Adviser(s) or Professional(s) who will be contacting them.

3.3.9 Our Users are encouraged to provide details of their areas of advice and the assets / pension levels as applicable. However, we can only pass on the information provided by individual consumers and we do not guarantee the completeness or accuracy of the information.

3.3.10 We do not guarantee and provide no warranty that any individual, firm or company develops any business on the basis of a enquiry we provide.

3.3.11 You shall ensure that any activity you carry out in response to an enquiry submitted meets all applicable regulations.
3.3.12 Before full enquiry information is provided, an enquiry payment must be made in full.

3.3.13 We may change the Website and any of the Services from time to time without notice but we shall not try to decrease the value and usefulness of these Services to any material extent. If we believe that such change will have a significant influence on the nature or scope of the Services or has a major adverse impact on your financial position, we will notify you of such a change and you have the option to accept the amendment and continue to receive the services or stop using our Service and remove and delete your profile.

3.3.14 Your duty to pay subscription and enquiry fees shall not be impacted for any reason by any interruption, cancellation, interruption, inability or suspension of the Service.

4 Payment and charging

4.1 All subscription charges and enquiry charges mentioned above are excluding VAT, which is charged as an additional item for subscription and enquiry charges, as appropriate.

4.2 We may modify our enquiry charges, but only if we have notified you ten days before applying any amendments.

4.3 You still have to pay any outstanding enquiry fees for any enquiries you accept prior to cancellation, if you cancel your account, Service or profile.

5 Refunds

5.1 Reimbursements and refunds other than refunds due to cancellations caused by changes we have made, are credited to your account in the form of enquiry tokens. No refunds in cash will be made.

5.2 No refunds can be made due to consumers, Users not being in the same, similar or close proximity location,town, city, district.

5.3 You can use enquiry tokens to pay for future enquiry fees.

5.4 Applications for refunds must be made within ten days of purchase. Refund applications that do not meet the following criteria are not accepted.

5.4.1 Under the following circumstances, enquiry fees may be refunded if satisfactory written evidence confirms the facts is provided:

5.4.2 A consumer has made a duplicate enquiry and you have already paid an enquiry fee for this information, using the service which has the same name, contact details and the same request.

5.4.3 Invalid telephone and e – mail address enquiry: if the telephone number is not available and the e – mail address is also invalid.

5.4.4 Existing customer enquiry: if your enquiry is from your business’ existing customer, which can be clearly demonstrated by the content of the message.

5.4.5 Fake enquiry: Where the message receive from the enquiry is not – true, spam or of a fake consumer and which can reasonably be concluded.

5.4.6 Debt counseling: consumers sought debt counsel only

6 Cancellation of service

6.1 Your right to cancel:

6.1.1 You may unsubscribe at any time by giving FindPensionAdvice a written notice of at least one calendar month. Every subscription fee or Enquiry fee or Enquiry Tokens already paid/given by/to you for periods after the date of annulment is forfeited and is the property of FindPensionAdvice

6.2 Cancellation by FindPensionAdvice

6.2.1 At any time and without prior notice, we may suspend your access to the Service and/or delete or deactivate your account and continue to suspend them until the circumstances leading to the suspension ends or until such time as the contract is terminated under the Professional Conditions when/if any of the following applies:

6.2.1.1 You do not have the permit permissions or consents to provide any or all of the advice or services contained or referenced in your profile, as required under the applicable rules

6.2.1.2 You (or any of your company/firm or partners) have died, a criminal offense has been committed, a bankruptcy petition against you is presented, a bankruptcy or a receiving order or administration order has been placed or arrangements with your creditors have been made.

6.2.1.3 In our sole discretion, you have not logged in to check, update and check on your information and details in your online account in what we feel it is a reasonable time period,

6.2.1.4 Your registration for the FCA has expired or is cancelled or is subject to any FCA or regulatory body inspection, examination or enquiry (with exception of routine inspections in the ordinary course).

6.2.1.5 Any Payment is not successfully resolved, due to the expiry, lack of funds or otherwise, we may suspend your access to the service until we have got the valid payment method or cancel your account.

6.2.1.6 In the event of FindPensionAdvice, in its absolute discretion, that your continued involvement in the Service or presence on the Site can cause harm to our business or the reputation of the (i) Service, (ii) FindPensionAdvice, or (iii) FindPensionAdvice, receive a complaint concerning you from a Client or other User or you are involved in a dispute with the Client or other User.

6.2.1.7 You stop giving advice on pensions, investments or financial advice ;

6.2.1.8 You make a material breach of the General Terms or these Professional Terms (including failure to pay, if due, any Subscription Fees or Enquiry Fees).

6.2.1.9 You can not pay your liabilities under the Insolvency Act 1986; or (ii) you appoint the bankruptcy receiver, liquidator, administrator, and trustee for all or any part of your business or assets, or (iii) you enter into a voluntary arrangement with the creditor, the creditor or a voluntary entity or, iv), you issue or resolve an order in connection with the arrangement, or (iv) you enter into a voluntary agreement or an individual agreement.

7 Notification

7.1 You must notify FindPensionAdvice in writing immediately upon realisation that there has been any event which may cause any grounds for suspension, cancellation or deletion of your account, profile or governing, professional or awarding bodies membership without limits..

8 Verification of information and User contact

8.1 FindPensionAdvice reserves the right, by any legal means, including (without restriction) contacting Customers, mystery Shopping and by monitoring on – Site behaviour, to verify compliance with General Terms.

8.2 You agree that FindPensionAdvice will remain in touch with Users/customers throughout the use of the Service and, if requested by the Customer/Users, FindPensionAdvice is entitled (but not obligated) to investigate any complaints or disputes between you and the Customer/Users and engage them in such provision.

8.3 We also reserve the right to contact reviewers to verify their content.

8.4 You acknowledge and agree that FindPensionAdvice has the right to directly contact the FCA (and/or any other applicable professional or certifying body) and financial institutions, IFA networks and all other agencies, which FindPensionAdvice may decide to contact without your permission. By submitting a registration form and by using the services you acknowledge without limitation confirm and agree to the above.

8.5 We also reserve the right to contact your employer, for the same purpose, or any previous employer of such representative for an individual representative of an IFA company, or financial planning or wealth management firm.

8.6 You also acknowledge and agree that without further consent, without any suspicion of authenticity of any information provided by you regarding the Service, FindPensionAdvice may be entitled to inform such bodies and organizations of any suspicions they have regarding your conduct.

9 Feedback

9.1 You agree that feedback from customers for whom you have given advice can be published on the Website, and elsewhere and/or in forms as reasonably determined by FindPensionAdvice, and that FindPensionAdvice has no responsibility to screen or monitor such feedback.

10 Law & jurisdiction

10.1 These terms shall be governed in accordance with English law and shall be interpreted in line with these terms. Disputes arising from these Professional Terms are subject to the exclusive jurisdiction of the English courts.

11 Information use in advertising material

11.1 You give FindPensionAdpension permission to refer to you, your profile, your picture and customer feedback in any information that promotes the FindPensionAdvice website by completing the registration form to join our Service.

12 Liability

12.1 FindPensionAdvice is not liable to the Financial Adviser(s), Professional(s) or Users for any indirect or consequential loss, any loss of profits or any loss of business, whether arising from tort, breach of contract, indemnity or otherwise under or in connection with the Contract.

12.2 FindPensionAdvice’s liability in respect of all claims, losses or damages of whatever nature, whether arising from tort, breach of contract, indemnity or otherwise, under or relating to, the Contract, shall not exceed the aggregate of the fee paid by you to the FindPensionAdvice under the Contract for the enquiry.

12.3 Nothing in the Contract shall exclude or limit either party’s liability for any death or personal injury cause.

12.4 You acknowledge, accept and understand that FindPensionAdvice and our Chatbots does not match Users to Financial Adviser(s) or Professional(s) based on geographical location and that you may be matched to consumers, Users who are not in the same city, town, location or district, and that you accept you will not be entitled to any refund, recourse, any guarantee or warranty.

12.5 No one of the Parties to this Agreement shall be liable for any infringement of its obligations hereunder arising out of causes beyond its reasonable control, including but not limited to fire, strike, revolt or riot, embargoes, container shortcomings, failure to obtain supplies, machinery or materials, or any civil or military authority’s requirements or regulations (“Event of Force Majeure”).

12.6 Where an Event of Force Majeure persistence lasts for more than 45 days, each party shall, in written notice to the other, be entitled to terminate your subscription without any further responsibility.

12.7 You accept that all due diligence or any inquiries about the services offered by any third party are your responsibility alone.

12.8 Nothing in the Contract shall exclude or limit either party’s liability for any death or personal injury caused by negligence or for any other liability which cannot be excluded or limited by law.

12.9 We do not guarantee that any business develops through the Service for you.

12.10 To the maximum extent permitted by law, all warranties, conditions and other terms and conditions implying by law or common law are excluded from your subscription.

12.11 You agree that we are not responsible or liable for inaccuracies in or arising from third party data, nor give any representation of any kind in respect of third party data.

12.12 These Terms shall be governed by our privacy policy, which is updated from time to time.

12.13 There is nothing to be considered as the relationship of partnership, agency, employment or joint venture between you and us in these Professional(s) Terms.

12.14 Headings under these Terms shall be for convenience only and have no effect on the document’s interpretation.

12.15 Should any provision of these Professional(s) Terms be deemed to be ineffective or invalid, in whole or in part, the whole or in part of such provision is deleted and the remainder remains in full force and effect.

12.16 You recognize and accept that whilst the information we provide regarding the Service is provided in good faith you enter these Professional(s)Terms according to your own enquiries and recognize and acknowledge that you have not relied upon any representation, statement, assurance or guarantee regarding the development of your business via the Service and that you will have no right and no remedy to do so.

13 Data Protection

13.1 In line with the 1998 Data Protection Act (“DPA”) and all other relevant legal requirements, all data shall be stored, protected and managed. In line with the requirements of the General Data Protection Regulation (GDPR) after 25 May 2018

13.2 You consent to us to maintain, process and transmit personal data in any manner for the purpose of fulfilling the service, or to any of our obligations under the Professional(s) Terms, and for the administration and management of our business to the extent that we collect any personal data (as set out by the Data Protection laws), which are relevant to you in the course of delivering the services.

 

 
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