User Terms for EValue Adviser Planning Tools

The Tools are made available by EValue Limited, a company incorporated in England and Wales (company number: 07382500) whose registered address is at Benyon House, Newbury Business Park, Newbury, Berkshire, RG14 2PZ (“EValue“). The organisation that has subscribed with EValue for the individual named user account, through which you get access to the Tools is referred to here as “the Firm“.

In order to use any of the EValue suite of online modelling tools (the “Tools“) the person(s) accessing the Tools (referred to in these terms and conditions by “you“ and “your“ and referred to as “Adviser“ where there is an Adviser providing advice and using the Tools) must accept the following terms and conditions under which you, the Firm and any Adviser are legally bound.

IMPORTANT NOTICE AND DISCLAIMER

The Tools are for the use of authorised intermediaries only carrying out regulated activities under the Financial Services and Markets Act 2000.

The Tools are not intended to and do not constitute professional advice. Individual investors should seek advice from an Adviser and should not use these Tools.

The Tools are informational, they provide information and general strategic guidance only. No part of the Tool replaces product Illustrations or Key Features and any other required regulatory documentation. Accordingly, using the Tools should not form the only basis for advice to a client.

You and every Adviser are responsible for all fact-finding and advice to clients. Please ensure you have reviewed all the terms and conditions relating to particular investment products.

If the information provided to the Tools is incorrect, EValue accepts no responsibility for the projections made in the Tools and hereby disclaims all liability for any loss and damage howsoever arising (including through negligence), please refer to the Limitation of Liability and Exclusion clause.

Further, although every effort is made to ensure no errors occur, the Tools are software and occasional errors occur in all software. You should also be aware that projections made are estimates and not guarantees of any particular outcome. It is therefore your responsibility to ensure that the information which the Tools rely on is correct, in each case, and the projections made with the Tools, which you choose to rely on to make decisions, are correct.

Any products mentioned in the Tools are only available to persons resident ordinarily and domiciled for tax purposes in the United Kingdom. It is your and every Adviser's responsibility to inform themselves and use the Tools in a manner consistent with all applicable laws, rules and regulations.

The price of securities, units, funds and the income derived from them can go down as well as up, with the result that investors may not get back sums that they have invested. Past performance of investments is not necessarily a guide to future performance. Where any information supplied by the Tools consists of pricing or performance data, the relevant data has been obtained from sources believed to be reliable. The completeness and accuracy of data computations are not guaranteed by EValue.

1. LIMITATION OF LIABILITY AND EXCLUSION
   1. Nothing in these terms and conditions shall exclude EValue’s liability for fraud, or death or personal injury caused by EValue’s negligence.
   2. EValue hereby disclaims all liability for:
      1. Loss and damage that is:
         • direct;
         • indirect; and
         • consequential;
         
         howsoever arising (including without limitation claims against you and the Adviser accessing the Tools under the account adopted by accepting these terms and conditions); and
      2. claims by third parties and claims for loss of profit and loss of revenue against you and the Adviser accessing the Tools under that account or by your or the Adviser's client in tort (including negligence), contract, and otherwise in respect of your and the Adviser's use of the Tools.
      
      No compensation will be payable for such loss and damage.
   3. The Firm is not acting as agent for EValue and is not in partnership with EValue. The Firm is a "third party" within the meaning of the Contracts (Rights of Third Parties) Act 1999. The Firm is entitled to directly affirm and enforce any rights given to it in these terms and conditions as if it were a party to these terms and conditions. To the extent the Firm is given rights in these terms and conditions, such rights may not be revoked or varied without the Firm's prior written consent.
   4. Subject to the information set out in these terms and conditions, EValue has taken all reasonable steps to ensure that the information provided by the Tools will be accurate within the scope of use of the Tools intended by EValue. However no guarantee is given that information presented by the Tools will be accurate at the date you and/or the Adviser receives it. Other factors may also affect accuracy of the information presented by the Tools, for example, how up to date the data input to the Tools is. You and any Adviser inputting and receiving information from the Tools are wholly responsible for verifying its accuracy.
   5. Generic types of investment, such as UK shares have been used and forecasts represent the expected performance of market indices, and where they are combined in different proportions, the interrelationship between different types of investment. No allowance is made for the extra gains/losses that a particular investment manager might make and the associated increased uncertainty - for example, by actively buying and selling shares or switching between different types of investment and altering the proportion of shares to bonds in the portfolio.
   6. The Tools assume that the shares or bonds of an individual company behave like the market as a whole, and do not take into account the extra risks or rewards that might attach to the particular company concerned. These comments are particularly relevant to the following investments:
      1. ISAs where performance depends on the performance of shares in a single company;
      2. Government Bonds where performance depends on the individual details of the bonds, such as its maturity date and interest payments;
      3. Corporate Bonds where performance depends on the individual details of the bonds, such as maturity date and interest payments, as well as the financial condition of the relevant provider, its credit rating and trading environment.
   7. In practice, future investment returns are uncertain and there is a range of possible outcomes. The Tools calculate a range of outcomes and the projections show 90% of those outcomes. The best 5% and the worst 5% of outcomes are not shown. The amount actually received may lie outside this forecast range.
   8. You and any Adviser using the Tools should always satisfy yourself and the Adviser that any actions you take or advise others to take in reliance on any of the information and guidance provided by the Tools is suitable in any particular case. It is the Adviser's responsibility to ensure that any person to whom advice is given, based on the use of the Tools, is made aware of the limitations of the Tool and any warnings and disclaimers relevant to the use of the Tools. Where relevant the Adviser must provide clients with copies of documentation on which such limitations, warnings and disclaimers are explained and/or reproduced. To the extent you and any Adviser using the Tools fail to do so, you agree to indemnify EValue and the Firm for any loss, damage, cost or expense which EValue, or the Firm may suffer in connection with such failure and in connection with any claim against EValue or the Firm by any third party who has relied on the use of the Tools.
   9. You acknowledge that you and any Adviser using the Tools are responsible for all acts and omissions of any person or organisation that accesses the Tools using your login whether with or without your authority to do so.
2. Legal and Regulatory
   1. Nothing in the Tools should be construed as an offer or recommendation to sell or buy any product or investment. All products are available to United Kingdom residents only and may only be purchased through authorised Financial Advisers. No representation is made by EValue as to whether the information may be lawfully used by you in any other country.
   2. Information presented by the Tools does not constitute investment, legal, tax or other professional advice.
   3. Please refer to the web site(s) of the product providers and the Firm to verify their status with the Financial Conduct Authority and their contact details.
3. Access and Period of use
   1. The Firm offers access to the Tools only on the condition that these terms are accepted and complied with by every user and only for the period determined by the Firm in accordance with its commercial arrangements with you. EValue and the Firm reserve the right in their absolute discretion and without cause to restrict full or any access to the Tools without notice to all or any users. EValue and the Firm accept no liability if, for any reason, all or part of the tools are unavailable at any time and no compensation will be payable in such an event.
4. Intellectual Property
   1. Copyright and all other intellectual property rights worldwide in the Tools are reserved to the owner and authorised licensor, EValue. You (and, if you represent an Adviser, the Adviser) are given only a non-exclusive, revocable, non-transferable permission to use the Tools in accordance with these terms and conditions for the duration of the entitlement to use the Tools which covers the login account you adopt on first accepting these terms and conditions.
   2. You are permitted in the course of your business (and/ or the Adviser's business) to:
      • print; and
      • download
      extracted results pages from the Tools
      
      PROVIDED THAT acknowledgement is given to the source of the print or download and you do not remove, suppress or modify in any way any proprietary marking, including any trade mark, copyright notice, warning, legal disclaimer, instruction or direction as to the use of the Tools, on or in the Tools or which is visible during its operation or which is in any related documentation.
   3. Other than printing and downloading, as permitted above, in the ordinary course of your business and/or the Adviser's business, you may not copy, download, upload, distribute, adapt, re-publish, decompile, disassemble, translate or transmit in any way the Tools or information retrieved from the Tools unless you have obtained the prior written consent of EValue.
   4. EValue reserves the right, without notice, to change the content, presentations, performance and availability of any part of the Tools. You shall not acquire any title, copyright or other proprietary rights in the Tools or any part of the Tools.
5. Personal Data
   1. Other than as set out in EValue’s Privacy and Data Protection Policy no information about you and / or the Adviser will be stored when you use the Tools. You may choose to input personal information about yourself and investors using the facilities provided by the Tools. To the extent, if at all, EValue is the provider of support and maintenance for the Tools, EValue will only access or amend such information for essential maintenance or problem resolution.
   2. Personal data relating to individuals who are clients of Advisers may be retrieved under arrangements made available to the Firm or by other third party providers.
   3. EValue respects the requirements of the United Kingdom Data Protection Act 1998 and sets out its compliance measures in EValue's Privacy and Data Protection Policy.
   4. You and / or the Adviser acknowledge yourselves or the Firm to be the Data Controller of any personal data input and/or accessed by you with the Tools.
   5. You and / or the Adviser represent and warrant that all required notifications, data protection policies and security measures under the Data Protection Act 1998 are observed and performed in respect of each act of processing of personal data by you / the Adviser.
   6. EValue and the Firm shall not be liable for any loss or damage suffered as a result of any breach of the Data Protection Act 1998 or otherwise for personal information in respect of which you / the Adviser are the controller.
6. Jurisdiction
   1. English law governs these terms and conditions, the Tools and any dispute shall relating to them shall be resolved under the exclusive jurisdiction of the English Courts.
   2. Acceptance of these terms is made by using the Tools and you / the Adviser's representative indicating their acceptance on first use of the Tools.
   3. These terms and conditions form a binding legal agreement, contractually enforceable between you and / or the Adviser and EValue. You may not assign or otherwise transfer your rights and / or obligations under the agreement made when you accept these terms and conditions. EValue may change these terms and conditions at any time by updating the terms and conditions page accessible from most pages within the Tools. You are advised therefore to review the terms and conditions as often as necessary for your purposes.