1. Agreement
These terms and conditions govern how you can use the Marketing Toolkit.
These terms and conditions set out the legal basis of your agreement with us to use the Marketing Toolkit They do not cover your relationship with other companies within Quilter.
Please read these terms and conditions carefully before you use the Marketing Toolkit. If you do not agree to these terms and conditions, you will not be able to access any pages from the Marketing Toolkit. You should retain a copy of these terms and conditions for safekeeping and future reference.
Words that appear in bold are explained below.
- Marketing Toolkit the secure online services known as the Marketing Toolkit. These are provided by us to you through the internet.
- FCA rules the principles, rules, directions, evidential provisions and guidance of the Financial Conduct Authority (including any successor regulators) from time to time as set out in its Handbook of Rules and Guidance.
- terms and conditions these terms and conditions for the Marketing Toolkit.
- we, us and our Quilter Financial Planning Limited (company number 05372217) whose registered office is at Senator House, 85 Queen Victoria Street, London, EC4V 4AB.
- you and your the person requesting the use of the Marketing Toolkit.
2. Content of site
Whilst considerable care has been taken to ensure the information contained within the Marketing Toolkit is accurate and up to date, no warranty is given as to the accuracy or completeness of any such information. Other than as required by the FCA rules, we are under no obligation to update the Marketing Toolkit to correct any errors or omissions or update any out of date information.
We accept no responsibility for any information contained in any website accessed via a link from the Marketing Toolkit. The content, accuracy and opinions expressed in such websites are not checked, analysed, monitored or endorsed by us.
We give no guarantees as to the speed, ‘look and feel’ or accessibility of the Marketing Toolkit.
3. Using the online services
To use the Marketing Toolkit, you will need particular computer specifications and internet connections with necessary hardware and particular software, which may change in the future. If a change in specification or internet connections results in your equipment becoming incompatible with the Marketing Toolkit, you will be responsible for replacing or modifying your equipment so that you can use the Marketing Toolkit.
You will be responsible for any telephone, internet service provider and other charges you incur as a result of obtaining access to the Marketing Toolkit.
When using the Marketing Toolkit, you must follow any procedures and instructions that we give you.
We aim to have the Marketing Toolkit available at all times however, we are not obliged to provide it at all times, and we may withdraw, suspend or restrict service temporarily without prior notice at our discretion. There may also be times when we need to shut it down for maintenance or updating, or if we feel there is a security risk. Wherever possible, we will give you prior notice of our intention to withdraw, suspend or restrict your access to the Marketing Toolkit.
You must not attempt to interfere with the proper working of the Marketing Toolkit and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Marketing Toolkit or any computer system, server, router or any other internet-connected device. You must not misuse the Marketing Toolkit by introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically You must not attack the Marketing Toolkit via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use the Marketing Toolkit will cease immediately.
We cannot and do not guarantee or warrant that the Marketing Toolkit will be free from infection, viruses and/or other malicious computer code including those that have contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
4. Security
You must not divulge or share your security details with anyone else. You must take reasonable steps to prevent anyone else from using them and you should keep your security details safe at all times.
If your security details are lost or stolen or you believe that someone else may know your security details, you should change your password and tell us immediately so that we can change or disable your security details, if necessary.
We may ask you to change your security details at any time and for any reason, for example for security or technical reasons.
It may be necessary for us to suspend or withdraw your access to the Marketing Toolkit by disabling your security details, We may choose to do this for security reasons or to prevent suspected unauthorised or fraudulent use of the Marketing Toolkit.
If you do not log on to the Marketing Toolkit for 90 days we will disable your access to the Marketing Toolkit.
You shall take appropriate technical and organisational measures against:
- unauthorised access to our Marketing Toolkit or disclosure of the information obtained through our Marketing Toolkit to a third party
- accidental loss of or damage to the information obtained through our Marketing Toolkit by you.
5. Information
You must ensure all information you provide via the Marketing Toolkit is accurate and correct to the best of your knowledge.
6. Liability and indemnity
Nothing in these terms and conditions excludes or limits our liability for any liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Marketing Toolkit or any content on it, whether express or implied.
We are not responsible for any loss or damage you suffer as a result of using the Marketing Toolkit unless that loss or damage is caused by our negligence, fraud or wilful default. This includes but is not limited to:
- your use of, or inability to use, the Marketing Toolkit
- your use of or reliance on any information displayed in the Marketing Toolkit
- any disruption to or withdrawal of the Marketing Toolkit at any time for whatever reason
- any failure of the Marketing Toolkit (whether such failure is caused by events within or outside our control)
- any errors or omissions in information contained on the Marketing Toolkit
You will be liable to us for the costs of putting right anything you do using the Marketing Toolkit when you are no longer authorised, including any claims made against us as a result of your unauthorised use.
7. Intellectual property rights
Our Marketing Toolkit and all information and material contained on the Marketing Toolkit are protected by intellectual property rights (including copyright, database, trademark and design rights protection). You shall not acquire or purport to own any intellectual property rights in our Marketing Toolkit. You may not copy, re-publish or re-distribute the information obtained through the Marketing Toolkit for commercial purposes or gain other than whilst operating as a financial adviser acting within your normal business activities, except with our express agreement.
The Marketing Toolkit contains names and logos which are trademarks of ours and/or third parties who have granted us a right to use such trademarks. Any use of any of these names and logos without our authorisation would constitute an infringement of those trademarks and is forbidden.
8. Changing the online services format
We reserve the right to alter the content, presentation, performance, facilities and availability or all or any part of the Marketing Toolkit at our sole discretion.
9. Information technology failure and force majeure
We shall not be liable for any failure to perform our obligations in accordance with these terms and conditions if we are prevented from doing so by reason of events, circumstances or causes beyond our reasonable control. This term only applies if we have complied with the relevant FCA rules which require us to have systems and controls in place to guard against such breakdowns in our service.
10. General
Our Marketing Toolkit uses files called ‘cookies’ which automatically collect information from your computer to help us give you the full experience of the Marketing Toolkit. By using the Marketing Toolkit, you consent to the use of cookies – details of which can be found on our privacy and cookie policy page.
We reserve the right to vary these terms and conditions. Notice of any change will be given to you through the Marketing Toolkit. Before you can continue using the Marketing Toolkit you will be asked to view and agree to the changes. If you do not agree, your authorisation to use the Marketing Toolkit will be cancelled.
We reserve the right to withdraw your access to the online services immediately if you:
- are in breach of any of these terms and conditions
- are in our reasonable opinion, in breach of any generally accepted guidelines on internet usage and etiquette.
We may delete statements, messages (whether opened or unopened) and any other data held on the Marketing Toolkit after seven years from the date of creation. If the data is important to you, you should print it or save it to your own equipment.
If any provision of these terms and conditions becomes void or unenforceable, it will not affect the validity or enforceability of any other part.
If we waive any of these terms and conditions it does not mean that subsequent breaches will be allowed.
These terms and conditions are governed by English law and the courts of England and Wales shall have exclusive jurisdiction of any dispute arising from these terms and conditions.