- These words have the following meanings:Data Protection Legislation: the Data Protection Act 1998 save as it is superseded by: (i) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; or (ii) (in the event that GDPR is no longer directly applicable in the UK) any successor legislation to the GDPR or the Data Protection Act 1998 in force in the UK.
Introduction: the provision by findaWEALTHMANAGER.com of your profile (including your contact details) to a Wealth Manager or Wealth Managers based on your answers in the Questionnaire.
Introduce, Introduces and Introducer shall be interpreted accordingly.
Introduction Date: the date on which we first introduce you.
Questionnaire: the questionnaire on the Site used to match you with Wealth Managers.
Services: wealth management services.
Site: the website located at www.findawealthmanager.com or any other website address that may replace it and any other website which we own.
Wealth Manager: a person who provides the Services.
We/us/our: Find A Wealth Manager Limited, a company registered in England and Wales with company number 07812370 and registered office at Sterling House, Fulbourne Road, London E17 4EE.
You/your means you as the person using the Website.
- Clause headings shall not affect the interpretation of these terms and conditions.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Words in the singular shall include the plural and vice versa.
- A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
- Reference to writing or written includes e-mail.
- References to clauses are to the clauses of these terms and conditions.
- If you properly complete and submit the Questionnaire, then we shall use our reasonable endeavours to Introduce you to Wealth Managers, listed on our database on the Introduction Date, with the intention that you obtain advice from the Wealth Manager regarding your requirements and the Services.
- We warrant that:
- We are impartial and that we only Introduce you on the basis of your answers to the Questionnaire and information provided by the Wealth Managers about the Services they provide;
- We shall not provide you with any specific advice relating to any particular investment. Furthermore, we will not be held responsible for any investment recommended by any wealth manager or advice they may have provided to you.
- We shall not make any arrangements for you with any Wealth Manager regarding the Services;
- We shall Introduce you to a maximum of three Wealth Managers unless you specifically request more. If a Wealth Manager has (i) not contacted you within one week of the Introduction Date; or (ii) after a meeting with Wealth Manager, you deem the Wealth Manager unsuitable; or (iii) you are a client of the Wealth Manager; or (iv) you have engaged in two way communication with the Wealth Manager in the six months prior to the Introduction Date; we shall at your request Introduce you to an additional Wealth Manager.
YOUR OBLIGATIONS AND CONDUCT
- You warrant that in using the Site you shall:
- not attempt to recomplete the Questionnaire within six months without our express consent;
- provide accurate answers to the Questionnaire;
- complete the Questionnaire in good faith with the genuine intention of discussing your requirements with the Wealth Managers to whom you are Introduced;
- assist us with any reasonable queries we may have, including but not limited to, queries relating to your answers to the Questionnaire and any existing relationship with Wealth Managers;
- not access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Website, or attempt to access any secure area;
- transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;
- use current virus checking software when using the Site; and
- not reproduce, duplicate, copy or re-sell any part of the Site.
- You may commit a criminal offence under the Computer Misuse Act 1990 if you breach provisions (v) and (vi) above. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and may disclose your identity.
- We promote the services of suitably authorised and regulated wealth managers. It does not itself, and will not, offer or provide any financial advice or carry on any other regulated activities as defined in The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
- The contents of this Website do not purport to provide any financial, investment or professional advice and nothing on the pages of the Website shall be deemed to constitute the offer or provision of financial, investment or other professional advice in any way.
- While we try to ensure that the Website is as accurate as possible we make no warranty of any kind with respect to the information contained on the Site.
- We are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using the information on the Website and in no event do we have any liability for any damages resulting from reliance on or use of such information.
- We have no responsibility for any goods or services offered or provided by any third party.
- Descriptions of or references or links to other publications within the Website do not imply endorsement of these publications, businesses or individuals.
- FindaWEALTHMANAGER.com is a trade mark of Find A Wealth Manager Limited. All other names and logos identifying the Site, FindaWEALTHMANAGER.com and its services are either:
- proprietary marks of findaWEALTHMANAGER.com; or
- marks which findaWEALTHMANAGER.com is licensed to use.
- Subject to clause 6, these terms and conditions do not provide you with any licence of any mark or of any other intellectual property of findaWEALTHMANAGER.com or any third party.
- The copyright in the content (including but not limited to design, text and graphics) of all the pages on the Site are owned by us, or its licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
- We authorise you to carry out the following actions, provided that you comply with your obligations under these terms and conditions: i. view and display the content of the Site; and ii. print or download to a local or network hard drive extracts from or whole pages for your personal use provided you do not delete the copyright notice “© Find A Wealth Manager Limited 2014” from any such printouts and downloads.
- You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You are not permitted to incorporate any materials, or any part of the materials, from the Site in any other work or publication, whether in hard copy or electronic or any other form.
- You may not:
- systematically extract and/or re-utilise parts of the Website;
- use substantial parts of the Website to create and/or publish your own database;
- frame or use framing techniques to enclose any trade mark, logo, or other proprietary information owned by us; or
- link to any part of the Site, other than the home page, for any commercial purpose, unless you have our express written consent.
- No part of the Website may be distributed or copied for any commercial purpose.
- We have no liability to you and we expressly disclaim any liability for any negligence on our part in compiling the information or in placing information on the Site.
- Nothing in these terms and conditions is intended to exclude or limit our liability for any liability which cannot be excluded or limited by law.
SUSPENDING OR ENDING ACCESS
- We reserve the right to suspend access to the Website at any time.
- We may suspend access to the Website without warning if the Site needs maintenance or breaks down.
- We will suspend access to the Website if required to do so by any court or any other relevant authority.
YOUR PERSONAL INFORMATION
- We take your privacy very seriously. We shall process your personal information in accordance with the Data Protection Legislation. By submitting your personal information you consent to the use of that information in accordance with this clause 9.
- Find a Wealth Manager Ltd is registered with The Information Commissioners Office (ICO);
- Our membership number is ZA108437; and
- A copy of our registration can be made available on request.
- We collect the following personal information from you:
- Your name;
- Your email address; and
- Your telephone number;
- Using the information
Our business ethos is to inform and help with your search for a wealth manager. We will on occasion provide you via email with interesting information. If you would rather not receive this information, you can always opt-out by unsubscribing at any time.
COOKIES AND OTHER INFORMATION-GATHERING TECHNOLOGIES
SALE OF BUSINESS
If our business is sold or integrated with another business, as a going concern, your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
We are an independent contractor, and nothing in these terms and conditions shall constitute the creation, establishment or relationship of partnership, joint venture or employer and employee between the parties.
- We are an independent and cost-free service for you/the client to use.
- Fees are levied to the wealth management institutions for the provision of marketing and client leads:
- An annual fee for marketing services and infrastructure set-up.
- Upfront payment for the provision of leads.
- Success fee if they transact business with a client lead originated from us.
This fee is percentage and time related.
- The Wealth Manager will not inflate the fee that you pay them to compensate for any cost they incur in relation to our charges. In fact, by fostering a competitive environment for the user’s business, the likelihood is that fees will be lower by using the service.
- These terms and conditions constitute the entire contract between the parties and supersedes and extinguishes all previous drafts, contracts, arrangements and understandings between them, whether written or oral, relating to its subject matter.
- Each party acknowledges that in entering into these terms and conditions it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in these terms and conditions.
- Any notice or other communication required to be given under these terms and conditions, must be given in writing.
- We may amend these terms and conditions by publishing any amendments on the Site which will become effective 14 days after notification of such amendment appears on the Site. Your continued use of the Site will be deemed acceptance of the updated terms.
- Access to the Site is free, however it is our policy to continuously review the terms on which we provide our services and accordingly we reserve the right to introduce a charge to use the Site at any time. We may vary any such account charges from time to time.
- You may not transfer your rights under these terms and conditions. We may transfer our responsibilities in these terms and conditions without your permission provided that your rights are not reduced.
- If any provision of these terms and conditions shall be found by any court of competent jurisdiction to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the other part of that provision or the other provisions of these terms and conditions which shall remain in full force and effect.
- The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to these terms and conditions does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
- These terms and conditions do not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.
- These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter (including non-contractual disputes or claims).