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General Terms and Conditions of Website Use
These General Terms and Conditions, together with the documents referred to below (the "Agreement") tells you the terms and conditions on which you may make use of the MoneyAM.com Website (the "Website") and purchase services from us. If you do not agree to the terms and conditions of this Agreement you must not use the Website.
THE PROVISIONS OF THIS AGREEMENT DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
1. Information about Us
The Website is operated by AJ Bell Media Limited, a company registered in England and Wales under company number 03733852 and with its registered office is at Trafford House, Chester Rd, Stretford, Manchester M32 0RS trading as MoneyAM ("AJ Bell Media"). Our VAT number is 740 3203 81.
Our preferred means of communication is by email. Should you wish to email us, you can do so at firstname.lastname@example.org. Should you wish to fax us, you can do so on: +44(0) 207 378 4424. For all postal communications with us kindly address any correspondence to our trading address as stated above.
2. Registration and Access to the Website
We permit you to access the Website on a temporary basis but we reserve the right to withdraw or amend the services and information available on the Website (collectively the "Services") and/or cancel your subscription without notice. The final decision rests solely with AJ Bell Media.
Access to certain services is free. We also offer premium services (at our sole discretion) for which a payment will be required. We will notify you if you attempt to access Services that are not free and offer, at our discretion, the opportunity to subscribe for such services.
Anyone wishing to purchase premium services from the Website or to post messages to the Forums must first complete a registration form, where you will be asked to provide a few brief details about yourself to enable us to identify you when you visit the Website.
You agree to keep your password confidential and you must not disclose it to any third party. The password is non-transferable. You agree:
(i) To indemnify us for all costs, liabilities, claims, losses (including loss of revenue) for any unauthorised use of your password; and
In the event that we have grounds to suspect that you are in breach of this Agreement we reserve the right to immediately suspend your access to the Website and/or the Services.
We may use your registration details to tell you about changes to the Website and let you know about our Services and those products and services of other companies we work with. If you do not wish to receive this information you can remove yourself from the mailing lists from the "My Account" section.3. Information about you and your visits to the Website
4. Uploading material to the Website
Whenever you make use of a feature that allows you to upload material to the Website or to make contact with other users of the Website you must comply with our Content Standards, which are set out below. You warrant that any such contribution does comply with those standards and you agree to indemnify us for any breach of that warranty.
5. Investment Warning
The Website and the Services are:
(i) only provided for your general information and use and are not intended to cater for your particular requirements; and
The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance cannot be relied upon as a guide to future performance.
6. Private Investor (non professional)
You agree that in entering into this Agreement you will at all times be acting as a private investor (non-professional) and not in the course of any employment, trade or profession which you may carry on.
For regulatory purposes, you are a private investor if you meet all of the following criteria for the entire term of your subscription.
You are not a private investor if you do not meet any one of the criteria outlined above.
7. Transactions concluded through the Website
Contracts for the supply of the Services formed through the Website or as a result of visits made by you to the Website are governed by our Conditions of Supply which are set out below.
8. Rights in this Website
We own or are the authorised licensee of the copyrights and other intellectual property rights in the Website and the Services. The Website and the Services are protected by copyright laws and treaties around the world.
The Website and the Services may not be reproduced, copied, downloaded, used, linked to, or exploited in any way except as specifically provided and permitted by this Agreement or as expressly agreed in writing by us.
Subject to the terms of this Agreement, we hereby grant you a non-exclusive, non-transferable license to use the Website and the Services solely for your own personal or internal purposes. You acknowledge that the Services, and your use and interpretation of such services, requires skill and judgment for which you shall be solely responsible. You further acknowledge that you shall be solely responsible for all opinions, forecasts, recommendations and other comments made or action taken by you based wholly or partly on the Services.
You may print extracts of materials from the Services in hard copy solely for your own personal purposes, provided that such materials are attributed to "AJ Bell Media Limited" and any copyright or other proprietary notices and disclaimers applied by us are retained. You may not otherwise copy the Services or transfer the Services to any third party.
We reserve the right to suspend your access to any part of the Website and/or the Services should we become aware of any regulation, claim, condition or restriction in any part of the world which requires us to do so or which exposes us to any claim of liability or claim if we do not do so.
You shall promptly notify us of any unauthorised use of the Website and/or the Services or any actual or suspected infringement of any of the intellectual property rights in the Website and/or the Services of which you become aware.
You may link to the home page of the Website, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other website, nor should you establish a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
The Website contains links to various websites and other resources provided by third parties. These links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that you may suffer in connection with your use of them.
10. Liability & Disclaimer
The Website and the Services are supplied to you on an "AS IS" and an "IF AVAILABLE" basis and we expressly disclaim and exclude all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise with respect to the Website and/or the Services including, without limitation, as to the accuracy or completeness of the Website and/or the Services, as to whether the Website and/or the Services are up to date and as to the condition of the Services. We make no warranty that the Website and/or the Services are free from infection by viruses or anything else that has contaminating or destructive properties.
We hereby exclude all liability for any claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use or inability to use the Website and/or the Services, including without limitation, indirect or consequential loss or damage; loss of actual or anticipated profits (including loss of profits on contracts); loss of revenue; loss of business; loss of opportunity; loss of anticipated savings; loss of goodwill; loss of reputation; loss of damage to or corruption of data; loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss demand or damages and whether arising in tort (including negligence), contract or otherwise to the fullest extent to which such liability may be excluded or avoided by law.
Nothing in this Agreement excludes or limits our liability for (i) death or personal injury caused by our negligence (or that of our employees, agents or directors); (ii) fraud; or (iii) any liability which may not be limited or excluded by law.
You warrant and undertake not to use the Website or the Services in connection with any unlawful or illegal purpose, or so as to bring AJ Bell Media Limited or its business, products or services into disrepute. You also warrant not to use the site with any automated page retrieval tool.
You agree to indemnify us against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your misuse of the Website, any linked website and/or the Services.
You may terminate this Agreement at any given time, which may be communicated to us by email to email@example.com. In the event that you should choose to cancel this Agreement you must supply us with not less than 1 months' notice. Upon your termination of this Agreement, you shall be liable to pay us all charges owing up until and including the effective date of termination. You shall not be entitled to any refund of charges that you have already paid to us.
We may terminate this Agreement:
In the event that we terminate this Agreement under clause 11(ii), we shall refund to you a sum equivalent to the unused portion of any advance charges paid by you calculated from the effective date of termination.
In the event that we terminate this Agreement under clause 11(i), you shall not be entitled to any refund of charges.
The decision by either party to terminate this Agreement shall not limit any other rights or remedies it may have, or shall not affect any accrued rights or obligations arising before the date of termination.
Upon termination of this Agreement for any reason (including termination of any free trial), you shall immediately discontinue use of the Website and the Services.
The restrictions set out in this Agreement shall survive the termination of this Agreement for any reason.
12. Governing Law
This Agreement shall be construed in accordance with and governed by English law and the parties shall submit to the exclusive jurisdiction of the English courts.
Conditions of Supply
Please read these conditions carefully before ordering any Services from the Website. You should understand that by ordering any of the Services you agree to be bound by these conditions of supply and our General Terms and Conditions.
Please click on the button marked "I accept" at the end of these conditions if you accept these conditions. Please understand that if you refuse to accept these conditions you will not be able to order any of the Services available from the Website.
Our full details including our corporate identity and our address are set out in our General Terms and Conditions page.
2. Your status
By purchasing the Services through the Website you warrant that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old.
3. How the contract is formed and your right to cancel
All orders are subject to acceptance by us and we will confirm such acceptance to you by on-line electronic means (the "Confirmation").
Upon your receipt of the Confirmation you will be able to commence the use the Services you have paid for. You acknowledge and confirm that the performance of the Services by us shall commence upon your receipt of the Confirmation at which time you will lose your entitlement to cancel this Agreement and claim a refund of any monies paid by you.
4. Prices and Payment
The prices for any goods or services will be as quoted on the Website from time to time, except in the case of obvious errors. These prices exclude VAT. Prices are liable to change at any time, but any changes will not affect orders already placed and confirmed.
You agree to pay (in advance) any applicable fee for any premium services that you use. Payment can be made by debit/credit card during registration or, alternatively, you may pay by cheque. Upon authorisation of your debit/credit card, or clearance of your cheque, we will activate your account and send you notification (via email) of the details.
5. Debit/Credit Card Payments
Where you have chosen to pay by credit/debit card, payment must be made in advance and can either be paid annually or on a monthly basis. After your initial payment we will continue to take your annual/monthly subscription fee from the card details you have registered with us until such time as this agreement is cancelled by either party, or the card expires. We will notify you (via email) one week before the expiry date of your credit/debit card.
If you do not contact us by the date your subscription expires, your access to our premium services will be downgraded to that of a non-subscriber. Your subscription and access to our premium services will be restored upon our receipt of authorisation of new debit/credit card details or, if you have paid by cheque, clearance of your cheque.
6. Fulfilment and delivery
Your order will be fulfilled by any fulfilment date set out in the Confirmation or if no fulfilment date is specified then within 30 days of the date of the Confirmation except in exceptional circumstances.
7. Our Liability and Disclaimer
Please read our General Terms and Conditions for details of our Liability and Disclaimer.
8. Site Advertising
AJ Bell Media Limited has commercial agreements in place with a number of advertisers whereby AJ Bell Media Limited derives a payment for introducing new business to them. Likewise AJ Bell Media Limited also run affiliate schemes for business introduced to them.
All notices shall be given by email to AJ Bell Media Limited at firstname.lastname@example.org, or, to you at either the email or postal address you provide during the registration process. Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.
AJ Bell Media Limited is committed to protecting and respecting your privacy.
This policy sets out the basis on which your personal data will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated by us.
For the purpose of the Data Protection Act 1998 ("the Act") the data controller is AJ Bell Media Limited of Trafford House, Chester Rd, Stretford, Manchester M32 0RS.
1. Information we may collect from you
We may collect and process the following data about you:
• Information that you provide by filling in forms on the Website. This includes information provided at the time of registration or at the time of posting material or requesting further services. We may also ask you for information when you report a problem with the Website;
• If you contact us, we may keep a record of that correspondence;
• We may also ask you to complete surveys that we use for research purposes although you do not have to respond to them;
• Details of transactions you carry out through the Website;
• Details of your visits to the Website and the resources that you access.
2. IP Addresses and Cookies
We may collect information about your computer including where available your IP address, operating system and browser type for system administration and to report aggregate information to our advertisers. This is data about our users browsing actions & patterns and does not identify any individual.
For the same reason we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Website and to deliver a better and more personalised service. They enable us:-
• to estimate our audience size and usage pattern;
• to store information about your preferences and so allow us to customise the Website according to your individual interests;
• to speed up your searches;
• to recognise you when you return to the Website.
You may refuse to accept cookies by activating the setting on your browser, which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website.
3. Where we store your personal data and Security
All transactions on the Website are effected by using third party secure servers based on the SSL (Secure Socket Layer) encryption standard. All credit card information is transmitted to us and then on to the Credit-Card Company, via secure encrypted link. You can look for the locked padlock icon on your browser to verify that your connection to the Website is encrypted (usually the bottom right of your browser window). Your credit card number is not stored on our server, nor do we have access to this data other than to pass it directly to the Credit Card Company for validation via secure link.
Personal information that you may supply to us is stored in a password-protected format to prevent loss, misuse, or alteration of the data. As mentioned above, your credit card number is not stored on our server.
Unfortunately no transmission of data via the Internet can be guaranteed to be 100 percent secure. Consequently, whilst we are committed to continued best efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Upon receipt of your transmitted personal data we promise to use best efforts to ensure its security on our systems.
Please note that whenever you voluntarily disclose personal information online on the internet (for example on message boards, through e-mail, or in chat areas), that information can potentially be collected and used by others without you necessarily knowing about it. Therefore, where you provide personal data online that is accessible to the public, you may receive unsolicited communication from others in return.
4. Uses made of the information
We use information held about you in the following ways:
• to ensure that content from the Website is presented in the most effective manner for you and for your computer;
• to provide you with the Services that you request from us or which we feel may interest you;
• to allow you to participate in interactive features of the Service where you choose to do so;
• to notify you about changes to the Services.
We may disclose your personal information to any member of our group which means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the UK Company Act 1985.
We may disclose your personal information to third parties:
• in the event that we sell or buy any business or assets in which case we may disclose your personal data to the seller or buyer of such business or assets;
• if AJ Bell Media Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will of course be one of the transferred assets;
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of AJ Bell Media Limited, our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
We do not disclose individual information to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We would comply with our advertiser wishes by displaying their advertisement to that target audience using the personal data we have collected from you and from others.
5. Your rights
You have the right to request us not to disclose any of your personal data or information or to pass information to third parties. We will usually inform you before collecting your data, if we intend to disclose your information to any third party and you can exercise that right by checking certain boxes on the forms we use to collect your data. You can also notify us by contacting us at: AJ Bell Media Limited, Trafford House, Chester Rd, Stretford, Manchester M32 0RS or email email@example.com
6. Access to information
The Act gives you various rights including the right to access information held about you. Your right to access can be exercised in accordance with the Act.
As part of our commitment to make our Bulletin Boards as informative, user friendly and free from abuse as possible for our users, please read the following Content Standards which apply to any and all material (contributions.) which you make to the Website including the Bulletin Boards and which incorporate our General Terms and Conditions.
Your commitment to these Standards ensures a positive experience for all of our users.
You must comply with the spirit of the following standards as well as the letter. The Standards apply to each part of any Contribution as well as to its whole.
Contributions must not:
We caution against giving out any personally identifiable information (such as private email address, telephone number or home address) online. This information can easily be used for illegal or harmful purposes.
Please also be mindful of your fellow subscribers and treat them with the respect and courtesy they deserve.
If we discover that you have been abusing the Bulletin Board we will reprimand you up to and including removal of your privileges, which will leave you with read only access.