Terms of Use

IMPORTANT - PLEASE READ THE FOLLOWING CAREFULLY

These terms and conditions of use (Terms) set out the terms and conditions applicable to your use of iPipeline's website (Website) and the services accessible through the Website and our services (including Assureweb, SolutionBuilderĀ®, XRAEĀ® and RetirementBuilderĀ®) (together, the Services).

In these Terms, references to you are references to you, the person using the Website and/or Services (as applicable) and references to we or us are references to iPipeline Limited, the providers of the Website and Services, registered in England and Wales with company number 03033012 and with a registered office at 3rd Floor Montpellier House, Montpellier Drive, Cheltenham, Gloucestershire, GL50 1TY. The agreement between you and us for the use of the Website and the Services will be referred to in these Terms as the agreement.

1. Our Website, the Services and Authorised Users

1.1  Our Website is designed to provide users with information and links to our UK operations, including access to the Services. Each of the Services will be governed by their own terms of use.  If you are accessing the Services via your employer or a third party who has a contract with iPipeline in place, the terms of their contract with iPipeline will apply to your use of the Services. If you are accessing the Services on your own account or your employer or service provider does not have a contract with iPipeline governing your use of the Services, your use of the Services will be on the applicable individual user terms and conditions, which you should read before utilising them.

1.2  Our Services are provided solely for use by financial advisers, administrators, tied-agents and any other person who may lawfully use the Service within FCA regulations (Authorised Users). Authorised Users must normally be resident in the United Kingdom. If you are not resident in the United Kingdom, please contact us before registering to use the Services.No other person may use the Services. In registering to use the Services you represent and warrant to us that you qualify as an Authorised User. This confirmation will be an important term of the agreement between us and you should be aware that you will be in breach of your agreement with us if it is not true. If you do not qualify as an Authorised User you should not register to use the Services.

1.3  Your use of our Website and the Services is also governed by our privacy policy (Privacy Policy). You should read and familiarise yourself with our Privacy Policy. The Privacy Policy forms part of these Terms and your agreement with us.

2. Access to the Service            

2.1  You must only use our Website and the Services:

2.1.1  strictly in accordance with these Terms (and any applicable agreement as described in paragraph 1.1 in relation to your use of the Services);

2.1.2  for lawful purposes, and you must not use the Website or the Services in any way which may be considered abusive or fraudulent, which includes:

(a)  attempting to, or actually obtaining, accessing, altering, or destroying the data files, programs, procedures and/or information;

(b)  using the Website or the Services in such a manner as to interfere unreasonably with the use of our Services by any other user;

(c)  sending any message or other communication which is in breach of any laws, codes or regulations;

(d)  the wilful or negligent creation and/or introduction onto the Website or any Services or our systems of any virus, worm, trojan horse, cancelbot or other destructive or contaminating program;

(e)  carrying out of invisible processing when using the Website or Services (including placing web bugs and other monitoring devices on computers accessing the Website or Services);

(f)  tampering with routing and domain name services in order to "spoof" other computer networks and users;

(g)  attempting to gain access to or gaining access to information which contains enquiry or transaction volumes relating to use of our Services; or

(h)  assisting another to perform the acts prohibited in this paragraph;

(i)  decompiling, disassembling or reverse engineering any aspect of the Website or the Services (except to the extent applicable laws specifically prohibit such restriction); and

(j)  amending or re-branding or otherwise alter any aspect of the Website or the Services or the way it is displayed.

2.2   You will not, and you will not permit any other person to, download, reproduce or otherwise copy all or any part of the Website or any aspect of the Services other than as expressly permitted to do so pursuant to these Terms (or any specific terms applicable to the Services) or otherwise by law.

2.3  If you need one in order to be able to access the Services, we will allocate a username and password to you. You will notify us immediately if any of these details are disclosed to any unauthorised person or you become aware that your username and/or password are no longer secure.

2.4  If any of the details which you provide to us during the registration process change while you remain a registered user of the Services, you will provide updated details to us as soon as reasonably practicable.

2.5  If you access the Services with a digital certificate, you must fulfil the terms and conditions that you agreed to when you obtained the certificate. You must not give any third-party access to the certificate or its details. If you breach the digital certificate terms and conditions and this causes us any loss, cost, damages or expenses, you will defend and fully indemnify us and hold us harmless against all such losses, costs, claims, damages or expenses however they are incurred. You will enable us to read your certificate, the details of which we may pass on to a third-party provider. Each year as you renew your certificate, you must renew the information provided to us.

2.6  Once you have registered to use the Services you agree that we may refer to you as a user of the Services in our promotional messages and literature.

3. Service Availability and Standards            

3.1  We will provide the Website with reasonable skill and care and use reasonable endeavours to provide access to the Website continuously. However, you acknowledge and accept that certain downtime, network failure or circumstances beyond our control may affect our provision of the Website. We do not warrant that the Website will be available at all times but we will use reasonable endeavours to keep downtime to a minimum.

3.2  We give no warranty that the functions contained in the Website or as part of the Services will meet your requirements, that the Website or access to the Services via will be uninterrupted or error free or that any defects in the same will be corrected within a certain time. We will have no liability to you as a result of any failure or delay in providing the Website which is beyond our direct and reasonable control.

4. Security and Confidentiality

We shall use all commercially reasonable endeavours to keep all personal details, information, usernames and passwords confidential and secure. However, we shall have no liability in respect of any loss, liability, cost or damage which may arise as a result of any unauthorised access to any of our Services or unauthorised use or disclosure of any personal details, information, usernames or passwords provided that we have taken all reasonable steps to minimise the risk of such unauthorised use or disclosure.

5. Suspension of Access

We may suspend your access to the Website or any of our Services at any time if we know or reasonably believe that you have breached, or are likely to breach, these Terms.

6. Intellectual Property Rights          

6.1  All rights, including all copyright and other intellectual property rights, in and to the Website and the material published on it, and in and to the Services, are owned by or validly licensed to us, and protected by copyright laws and treaties around the world. All such rights are reserved to us and/or our licensors (as applicable). You will not do anything to infringe these rights, and will only use the Website and the Services as expressly permitted by these Terms and any other terms applicable to specific Services.

6.2  As a visitor to our Website, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent, and you must not modify any paper or digital copies of any materials you have made pursuant to these Terms. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

6.3  If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website and access the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. Linking to and from other sites

7.1  When using our Website or the Services, you may be linked to a product provider's or other third party's website. We accept no responsibility for the content of such third-party websites. Each product provider is responsible for the information and the products and services it makes available through the Services and its own websites and extranets. We make no representation or warranty as to the accuracy or fitness for any purpose of any product provider's or other third party's information, products or services. We do not independently verify, monitor or screen any information contained on or accessed via the Website or the Services.

7.2  You may not include a link to our Website or display the contents of our Website surrounded or framed or otherwise surrounded by material not originating from us without our consent.

8. Data Protection            

8.1  This paragraph should be read in conjunction with our Privacy Policy.

8.2  As set out in the Privacy Policy, we may pass information we obtain about you and your customers to third parties including our partners, providers of content to the Services and third party service providers (some of whom may operate outside of the EEA and in some instances operating a cloud based application) to provide statistical information to content providers and business partners.  Such information will be de-personalised aggregated information (such as which age groups prefer a particular product or service) which cannot be used to identify you or your customers. You agree to allow us to use your information for such purposes and you agree to ensure that consent for such use is obtained from your customers before passing such information to us. A line in your terms and conditions or privacy policy should be added that states:

"We [IFA] may pass your personal data on to third parties (including Assureweb, iPipeline Limited and its partners) who assist us in providing our service.  These third parties may then send this data as de-personalised aggregated statistics to further third parties (some of whom may be outside of the EEA).  Any information sent out by third parties assisting us will be anonymous. Anonymisationmeans that it doesn't contain any personal information about you but, for example, might say which age groups prefer a particular product or service.  By using our service you agree to such use of your personal data."

8.3  You will not use or agree to any terms and conditions or any privacy policy which conflict with these Terms or the terms of our Privacy Policy.

8.4  To contact our data protection officer please write to: The Data Protection Officer, iPipeline Limited, 3rd Floor Montpellier House, Montpellier Drive, Cheltenham, Gloucestershire, GL50 1TY. Alternatively email the DPO: uk.dataprotection@ipipeline.com

8.5  You will not include or transmit your customer data outside of the iPipeline services. Customer data should only be shared via the agreed secure sharing mechanism and should never be transmitted to us via email or any other non-secure method.

9. Warranties and Indemnity              

9.1  You represent and warrant that:

9.1.1  at all times when you are accessing any of the Services you will hold all necessary licences and consents for the purpose of conducting business in connection with the use of any of the Services (including any authorisation required under financial services legislation or any relevant regulatory authority), and you will defend and indemnify us in respect of all liabilities, losses, costs and expenses suffered or incurred by us and arising out of or in connection with carrying out an authorised business;

9.1.2  in your use of the Website and the Services you shall cause no harm or damage to iPipeline, or do anything which would bring iPipeline's reputation into disrepute; and

9.1.3  you will always use the Website and the Services in a fair and lawful manner.

9.2 You shall be responsible for, shall indemnify and will defend us against all liabilities, losses, costs and expenses which we may suffer or incur as a result of your use of the Website other than in accordance with these Terms.

10. Limitation of Liability

10.1  We do not exclude or restrict liability for death or personal injury arising as a result of our negligence or for fraud (including fraudulent misrepresentation) or to the extent that such liability cannot be excluded or restricted by financial services legislation or any other applicable laws and regulations.

10.2  Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any of the Services to you, which will be set out in the terms applicable to such Services.

10.3  Subject to paragraph 10.1 above, we shall not be liable under this agreement to you or any third party for any:

10.3.1  indirect, economic, special or consequential loss, lost sales, turnover or revenue or damage whether in contract (given by indemnity or otherwise), tort or otherwise; or

10.3.2  any loss of profit, loss of data, loss of use of equipment or process, loss of anticipated savings, or wasted management time, in each one case howsoever arising and whether or not we have been informed of the potential loss or damage arising and whether incurred directly, indirectly or consequentially.

10.4  We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it, and will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

10.4.1  use of, or inability to use, our Website; or

10.4.2  use of or reliance on any content displayed on our Website.

11. General

11.1  Changes to these Terms may be made from time to time by us. You agree to the Terms as amended from time to time by your continued use of our Website.

11.2  The words 'include' and 'including' are to be construed without limitation.

11.3  The failure, delay or omission by either party to take action in respect of a breach of any of these Terms shall not constitute a waiver of any breach of the same or any other provisions of these Terms.

11.4  If any provision of these Terms shall be found to be invalid or unenforceable the invalidity or unenforceability of such provisions shall not affect the other provisions of these Terms.

11.5  These Terms constitute the entire agreement between us in respect of access to the Website. There may be additional terms applicable to your use of certain of the Services. In the event of any conflict between these Terms and any specific terms applicable to your use of any of our Services, such other terms shall prevail.

11.6  If you need to contact us in connection with these Terms, please either write to is at 3rd Floor Montpellier House, Montpellier Drive, Cheltenham, Gloucestershire, GL50 1TY or email us at uk.support@ipipeline.com.   

11.7  We may assign, sub-contract or delegate all or any of our rights or obligations under these Terms without your prior consent. You may not assign any of your obligations or rights or otherwise under this agreement to any third party.

11.8  This agreement and these Terms shall be governed by the laws of England and Wales and all parties agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim or matter arising under these Terms.

March 2018

V.0.3