- These are the applicable Terms and Conditions when using this website. They shall apply to all sections under the fentonsimpson.myfinancecentre.com website and to other services provided by us where relevant. Should additional Terms apply to an alternative product these will be provided to you at the relevant time.
- By using this website it will be deemed you have accepted these terms in full. Please read them carefully as they govern our relationship with you and your use of this website. In addition it may become necessary to modify and update these terms from time to time. Therefore you should check these regularly. By continuing to use this website, you agree to be bound by any subsequent amended terms from the date they are posted on this website.
- This portal is provided as a service to Fenton Simpson for the use of its clients by myfinancecentre.com. The website and its underlying technology is supplied by myfinancecentre.com which is a trading style of 360 Dot Net Ltd. 360 Dot Net Ltd is registered in England and Wales. Registered Number 4631133. Directors: P Merrigan, U Ozturk, Registered Office: 12-14 Upper Marlborough Road, St Albans, Herts AL1 3UR
Fenton Simpson Portal is built upon 3 functions which are as follows:-
- Portfolio – provides an aggregated view of your financial situation where you determine what data to enter, share and receive with Advisers who you have authorised to be linked to your account with Fenton Simpson Portal
- Document Storage – Upload your own files and receive documents from your Advisers who you have authorised to be linked to your account with Fenton Simpson Portal.
- Messaging Centre – a complimentary service, generated by your Adviser to inform and update you about certain services / products which may be of benefit to you.
USE OF THIS WEBSITE AND COPYRIGHTS
- All material on this website including (but not limited to) text, graphics, logos, images, downloads, software, icons, and graphics are owned or licensed by the Company. They must not be used in connection with any product or service in any manner that is likely to cause confusion among customers or investors, or in any way which discredits the Company, its Employees or Agents.
- We retain the right at all times, and in our absolute discretion to modify or deny access to this website at any time.
- This website must not be used for commercial purposes without the Company’s prior written consent.
By using this website you agree that:-
- You will not do anything that affects the integrity or security of this website or causes or may cause harm, damage or inconvenience to other users of this website or us.
- You will not interfere or tamper with, alter, amend or modify the content or structure of this website.
- You will not publish, or cause to be published anything (in the absolute discretion of the Company) which is defamatory about the Company or this website. The company or any of its subsidiaries will not be held liable to you, or any third party for any action / inaction or omission on the service user’s part, should they publish, or cause to be published anything which is defamatory.
- You must not use this website (or allow, permit or procure others to use this website) for any unlawful, immoral or illegal purpose or activity, or act in anyway which could give rise to a Civil Claim.
- You agree to indemnify the Company, its subsidiaries Directors and Employees against all claims, demands, liabilities, damages, losses and expenses (including legal fees and other costs) arising out of or related to your improper access or use of this website, or any violation by you of these terms and conditions.
- We may issue a warning, temporarily suspend, or permanently exclude your right to use this website without limitation or liability if:-
- You breach any of these Terms and Conditions (in the absolute discretion of the Company)
- If you use this website in any way which is illegal, immoral, or for the purposes of commissioning a criminal offence, or where such an act could give rise to a civil claim, or any other claim in tort or otherwise (in the absolute discretion of the Company.
- Any monies are owed by you to the Company.
- For any other reason (in the absolute discretion of the Company) where such suspension or exclusion is just and equitable.
- This website cannot be considered a solicitation for any investment product and/or service, to any person or entity where such a solicitation or offering would be illegal in the Country to which the service user resides. The user of this website must avail themselves of the laws / regulations governing the supply of services to which this website relates.
THIRD PARTY WEBSITES
- This website contains links to websites operated by third parties outside of the control of the Company. The use of third party, external websites will be governed by separate terms and conditions. We will not accept responsibility for the content or use of any third party website. If you contact a third party who is referred to in this website, if is your responsibility to ensure their respective terms are agreeable to you, and to take independent advice where necessary.
LIMITATION OF LIABILITY
- We use our best endeavours to provide you with a quality, virus free website. However it is your responsibility to ensure that your computer is virus protected. The Company accepts no responsibility for any loss you may suffer as a result of accessing or downloading information from this site.
- Whilst we will endeavour to ensure this website is accessible at all times. We will not be liable if (for any reason) if the website is unavailable for any period. We may have to withdraw this service and suspend access to this site for routine or emergency updates. We will always seek to keep any disruption to a minimum. The Company does not accept any liability if for any reason this website is unavailable at any time or for any period.
- The Company does not accept liability for any data loss whilst using this website, or for any data transmission errors. Any such transmission of information is entirely at your own risk.
- You expressly understand and agree that this website is for your use in reviewing your financial affairs. No specific financial advice is warranted or represented. Whilst all efforts are made by the Company to ensure the information and assistance provided by this website (to include any advice displayed in reports, and or alternative services as supplied in connection with this website) are accurate, neither the website nor the Company provides any undertaking or representation as to the accuracy of that information. The Company will not accept any liability for any decision or action taken by you in using this website, or any inactions or omissions on your part in relation to your financial affairs from information as contained within this website or associated publications. No reliance should be made on the content of this website, or associated publications. The company will not accept liability, nor will the Company be liable for any damages, loss of business, loss of profits or costs incurred by you arising in contract, tort or otherwise from the use of this website, or associated publications / e-mail shots.
- You expressly understand and agree that this website should be used as a portal to view your financial affairs and acts as your online filing cabinet. Before you buy or sell a particular product or service, we recommend you seek specific Financial Advice from your Adviser, where appropriate warranties and assurances can be provided.
- Fenton Simpson Portal provides a number of services for financial and non-financial products. A number of assumptions will be made by Fenton Simpson Portal when providing quotes when using this service. The Fenton Simpson Portal website will rely on information based on previous applications / updates and thus any quotes are only for illustration purposes only. When applying for the chosen product at the application stage it is your responsibility to ensure the data which has enabled the quote to be generated is based on accurate information. The Company will not accept any liability where that advice is not sought, or for advice provided by third parties outside of the control of the Company.
- It is imperative to seek specific financial advice when dealing with matters pertaining to your financial affairs to make sure any product affords you the best protection possible.
- As part of your Fenton Simpson Portal profile, you will have the benefit of a Wealth Projector, and other such calculation / interaction segments . These are for illustration purposes only and you should not rely on the information which is disclosed when using this service. No liability will be accepted by the Company where you have sought to rely on the Wealth Projector, or any other calculation / interactive segments, without Specific Financial Advice from your Adviser .
- The Company will not accept any liability for any data which is uploaded into your profile by a third party (when you have accepted a link with them), provided by your Adviser , nor will the Company accept any liability for any reliance you may place on this information.
- Nothing within the website shall constitute or is intended to constitute as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which confirm and govern the relationship between us in using this website.
- The Company will not be liable to you or any third party for the suspension or termination of your access or use of this website.
These terms and conditions do not exclude or limit out liability (if any) for:-
- Personal Injury or death resulting from our negligence
- Fraud and fraudulent misrepresentation or
- Anything which would it would be illegal for us to exclude liability for.
LIMITATION OF LIABILITY
- When you make changes to your profile, portfolio or documents , Fenton Simpson Portal may ask if you want to update your adviser. If you accept this prompt, you will notify all third parties to whom you have linked your profile with (for example financial advisers), and the updated information will be released to them. By using this website you expressly agree the updated information will be released to all third parties who you have accepted your profile to be linked with.
- You do have the right to decline to update “the adviser” and should you decline such a prompt the uploaded / changed information will remain private and confidential to yourself and treated in accordance with the Data Protection Act 1998.
- You expressly agree it is your responsibility to ensure the list of third parties to who you have accepted a link with on your profile, is up to date. The Company will not accept any liability for any information being disclosed to third parties outside of Fenton Simpson Portal’s control where the third party links have not been kept up to date by you.
- When you use the Fenton Simpson Portal Mobile Application service on a phone or tablet, (or other such “mobile” device), and there is no internet connection, any information / documentation that you update in these circumstances will be stored locally on the device you are using. In these circumstances you will be relying on the security being provided by the devices vendor, which you expressly agree is outside of the Company’s control and the Company cannot accept any liability which flow from a breach in said security.
- In relation to clause 7.5 any Fenton Simpson Portal Mobile Application or equivalent you have on a mobile device will act independently from the Fenton Simpson Portal website until such a time when you synchronise the application with the website.
- By associating the Fenton Simpson Portal Mobile Account to your Fenton Simpson Portal Website Account, this will automatically synchronise between the two entities when the internet connection is re-established. This does not invalidate clause 7.2 or 7.3 as you will still be asked to specifically authorise your adviser / third party to be updated.
- Any information that the Company holds about you will be processed in accordance with the Data Protection Act 1998, however we will fully cooperate with any authority, the police, or Court of competent jurisdiction where we are ordered or required to do so. This is to satisfy our obligations as per Money Laundering Regulations, or other such regulations which may apply.
- All terms contained in this Agreement are governed by English Law and are subject to the exclusive jurisdiction of the English courts, and shall be determined in accordance with English law.
- If any Court or administrative body of competent jurisdiction shall find any provision of these Terms and Conditions invalid or unenforceable, the invalidity or enforceability of such a provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for an invalid or unenforceable provision a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.