1. Jefferies & Lawrence Ltd (The IFA) - Website User Terms and Conditions
In accordance with the following user terms (Jefferies
& Lawrence Ltd User Terms), the Independent Financial Adviser
("IFA") listed at the top of these User Terms grants to you as an
authorised user of this site (Jefferies & Lawrence Ltd Web Site) certain
rights (as set out below) and in return you agree to perform certain
obligations.
Jefferies & Lawrence Ltd is an appointed representative of the On-Line
Partnership Limited which is authorised and regulated by the Financial Conduct Authority.
Please read these
IFA User Terms carefully. They are a legal document and, by your continued use
of the Web Site, you agree to be bound by these IFA User Terms.
If you do not agree with these IFA User Terms
and do not wish to be bound by them, please exit this Web Site and do not use
the Web Site in the future.
2. Licence to Use Material on Web Site
IFA grants to you a personal, non-exclusive,
non-transferable, royalty-free licence to use all the material on the Web Site
(including but not limited to: software, documentation, text, pictures,
graphics and articles Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for
the purposes expressly permitted in these IFA User Terms) and store the IFA
Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other
intellectual property rights in the IFA Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble
(except as expressly permitted by law) or create derivative works of any of the
IFA Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in
the IFA Material in any form, to any person or entity without the prior written
consent of IFA.
2.3 Any product, process or technology referred to in the IFA Material may be
subject to other intellectual property rights of IFA and are not made available
hereunder.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited
rights granted to you in accordance with Clause 2, IFA or other third parties
which licence such material to the IFA, retain their ownership, title and
interest in the intellectual property rights contained in the IFA Material
including but not limited to copyright, database rights, trade marks, patents,
service marks, design rights (whether registerable or otherwise) know-how,
trade or business names, domain names, goodwill associated with any of the
foregoing and other similar rights or obligations whether registerable or not
in any jurisdiction in the world.
3.2 You agree that any material (including any Intellectual Property Rights in
such material), including but not limited to material which may be sent via any
chat services, bulletin boards, competitions or articles submitted for
publication or similar services offered via this Web Site ("Web Site
Services") on the Web Site or in using any of the Web Site Services
("User Generated Content") may be retained as the property of IFA.
IFA shall have no obligations with regard to the User Generated Content, or
monitor the User Generated Content to ensure that it complies with applicable
laws or regulations. You remain solely responsible for the User Generated
Content in accordance with Clause 6.
3.3 IFA may have trademarks in its name. All other product names and company
logos mentioned in the information, documents or other items provided or
available on this Web Site may be the trademarks of their respective owners.
4. Duration of IFA User Terms and Termination
4.1 These IFA User Terms are
binding upon you immediately. You accept them by your use of this Web Site, and
they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance
with Clause 2;
4.1.2 IFA terminates these IFA User Terms by notice to you at any time in
accordance with Clause 9.2; or
4.1.3 you terminate these IFA User Terms by notice to IFA at any time in
accordance with Clause 9.1.
4.2 In the event that these IFA User Terms are terminated for any of the
reasons stated above, you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be
terminated forthwith and you shall have no further rights to use the IFA
Material;
4.2.2 you must delete or destroy any of the IFA Material stored by you in
electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Web Site or the Web
Site Services.
5. IFA's Responsibilities
5.1 IFA undertakes to use
commercially reasonable endeavours to prevent breaches of security of the Web
Site.
5.2 IFA makes no representation or warranty that the Web Site or Web Site
Services will be accessible, or useable by you or error free. IFA uses
reasonable efforts to include accurate and up-to-date information on the Web
Site. The information, documents or other items provided or available on this
Web Site could include technical inaccuracies or typographical errors. IFA
makes no warranties or representations as to its accuracy. IFA assumes no
liability or responsibility for any errors or omissions in the content on the
Web Site.
5.3 IFA reserves the right, without notice to you, to remove any IFA Material
from the Web Site or to suspend or alter the operation of the Web Site or any
Web Site Services, at its sole discretion or for legal or technical reasons.
IFA will give you as much notice as possible prior to taking any of the actions
described in this Clause, but prior notice may not always be feasible for a
variety of reasons. IFA may make improvements and/or changes to the information
or documents provided or available on this Web Site at any time.
6. Your Responsibilities
6.1 You agree that you are
responsible for the security and use of any user names or passwords that may be
needed to access or use the Web Site or any Web Site Services. You must take
all reasonable steps to ensure that these user names and passwords are kept
confidential and secure and you do not allow any unauthorised person to access
the Web Site or any of the Web Site Services using your user name or password.
6.2 You agree that you will not use the Web Site or any of the Web Site
Services as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any
material that is offensive, abusive, indecent, defamatory, obscene, or in
breach of any other person's Intellectual Property Rights or breaches any
obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited emails or messages ('Spam') or
to cause any other person annoyance, inconvenience or worry;
6.2.3 for any purposes connected to any business, including sending any
unsolicited advertisements or promotional material.
6.3 You agree to indemnify IFA against any claims, costs, expenses or legal
proceedings caused as a result of your use of the Web Site or Web Site Services
in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, IFA
shall be entitled to treat the contravention as a material breach of these IFA
User Terms and terminate the IFA User Terms and any access permission granted
to you by IFA forthwith, without notice to you.
7. Consent to Use of Your Personal Information
For the purposes of the Date
Protection Act 1998, you acknowledge that in the course of registering and
using this Web Site and the Web Site Services, certain personal information or
data about you will be captured electronically or otherwise and transmitted to
IFA. By accepting these IFA User Terms, you expressly agree to transfer such
personal information or data to IFA to use, store and process the personal
information in accordance with the provisions set out in the IFA Privacy
Policy.
8. Disclaimers
8.1 You accept that it is
reasonable that, to the maximum extent permitted by law, all representations,
conditions, warranties and other terms whether implied by statute, common law,
course of dealing or otherwise are excluded.
8.2 Nothing in these Terms of Use limits IFA's liability to you for death or
personal liability caused by IFA's negligence.
8.3 IFA hereby disclaims any liability to any person for any kind of loss or
damage including, but not limited to, any special, incidental, indirect or
consequential loss or damages caused by errors or omissions in the information
or other items provided or available herein, whether such errors or omissions
result from negligence, accident or any other cause.
8.4 To the extent that IFA is deemed by a court of competent jurisdiction to
have any liability to you in contract, tort (including negligence) or otherwise
in relation to this Web Site or the Web Site Services, IFA's entire liability
shall be limited to £1,000 (one thousand pounds) for any one
incident or series of related incidents and up to £5,000 (five
thousand pounds) for all incidents in any period of 12 months.
8.5 This Web Site may contain links to third party web sites which are controlled
and operated by parties other than IFA ("Third Party Consent
Providers"). The links will let you leave the Web Site and IFA is not
responsible for any contents of any linked web site or any link contained in a
linked web site. The inclusion of any link on the web site does not imply
endorsement by IFA of the linked web site or products or services offered via
the linked web site. If you decide to access linked third party web sites, you
do so entirely at your own risk. IFA is providing these links only as a
convenience, and the inclusion of any links does not imply endorsement by IFA
of the web site or its contents.
9. Notices
9.1 You may send a legal notice
to IFA, or any questions you may have concerning these IFA User Terms. Such
notices will be effective within 3 days of receipt by IFA.
9.2 IFA may send you notice by general notice on this Web Site, by e-mail to
your e-mail address on record with IFA, or by post to the geographical address
on record with IFA. Such notice will be effective if sent by e-mail or posted
on the Web Site, 1 day from the date it was sent or posted on the Web Site. If
sent by regular post, it will be effective 3 days after posting by IFA.
10. General
10.1 IFA reserves the right to add to or change the terms of
these IFA User Terms in its sole discretion without prior notice to you. All
changes to the IFA User Terms will be effective once posted on the Web Site.
IFA will provide notice of the changes to the IFA User Terms for a reasonable
time after posting the amended IFA User Terms on the Web Site. Your continued
use of the Web Site or the Web Site Services following IFA's posting of such
changes will be regarded by IFA as acceptance of the amended IFA User Terms. If
you do not agree to be bound by the amended IFA User Terms you should exit the
Web Site and not access or use the Web Site in the future.
10.2 If any part of these IFA User Terms are held by a court of competent
jurisdiction to be unenforceable, the validity of the remainder of these IFA
User Terms will not be affected.
10.3 If IFA is unable to perform any obligation under these IFA User Terms
because of a matter beyond its reasonable control (including but not limited
to); fire, flood, war, explosion, civil disorder, or other disasters or
governmental laws or regulations imposed after the fact, or events beyond the
reasonable control of IFA, IFA will have no liability for that failure to
perform.
10.4 Any person who is not a party to this Agreement has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
Agreement but this does not affect any right or remedy of a third party which
exists or is available apart from that Act.
10.5 Unless otherwise specified on this Web Site, the IFA Materials available
on this Web Site are directed solely at those who access the Web Site from the
United Kingdom. IFA makes no representation that any IFA Material is
appropriate for use elsewhere, or available in other locations. Those who
choose to access this Web Site and the Web Site Services from any other
location are solely responsible for compliance with local laws and regulations
if, and to the extent, that they are applicable.
10.6 These IFA User Terms are governed by the laws of England, and subject to
the non- exclusive jurisdiction of the English Courts.
11. Complaints Procedure
We're sorry you've felt the need to complain but letting us know when you're unhappy gives us the opportunity to make matters right for you and improve our service for everybody.
For further information on how we can put things right please see our Complaints Brochure here