TERMS AND CONDITIONS
By using and paying for services provided by Adviser Index you agree to:
All information on this website is provided by third parties.
By using this website you agree that the Adviser Index is not liable for any errors or omissions. Nor is Adviser Index liable for any advice or information given by third parties contacted via this website.
COPYRIGHT 2012 ©Adviser Index
All rights reserved. No reproduction, distribution or transmission of the information on this site is permitted without the written permission of Adviser Index (Adviser Index below will be known as the “Website”) Listings may be downloaded, emailed and shared by any means already present on our website.
Application of these Terms of Use
These Terms govern the access and use of our Website by each visitor to the Website (“you” or “your”). If you do not agree to be legally bound by these Terms then you must not use our Website. We reserve the right at any time without notice to revise the content of these Terms by posting any changes to this page. Such revised Terms will be effective immediately they are posted and you are expected to check this page from time to time to take notice of any changes. By continuing to use our Website you are bound by all such revised Terms.
Your attention is drawn in particular (without limitation) to the sections headed “General disclaimer”, “Specific disclaimers” and “Exclusion of liability”.
Access to the Website
If the need arises, we may, without notice, suspend access to the Website, on a temporary or permanent basis (including without limitation if you breach these Terms or if we need to revise the content of our Website) and we reserve the right to amend the content of the Website or to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. If the website is brought down permanently Adviser Index will have discretion of any, if any, refunds for paid listings
Links to other sites
Certain links, including hypertext links, on our Website will take you outside our Website. Such links are provided for your convenience and information only and inclusion of any link does not signify express or implied endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any linked Website and accept no responsibility for any errors, omissions or misleading statements on any such linked site or for any loss or damage that may arise from your use of the same.
Advertising
Our Website contains advertising content. Any such advertisers are solely responsible for ensuring that all material included in our Website is accurate and up to date and complies with all applicable laws, regulations and codes of practice. If you visit the website of one of our advertisers, you should also view their own applicable privacy statements or other relevant terms and conditions. We provide adverts provided by Google Ad-sense, these adverts are provided by Google, clicking on those adverts you agree to Google on terms and conditions. Adviser Index will not be held response-able for the content of the ad or any subsequent loss or damages caused by that referral.
Acceptable use of our Website
You agree to abide by all applicable laws, regulations and codes of conduct in force from time to time in respect of your use of our Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack or in any other way interrupt or attempt to interrupt the operation of our Website.
You cannot use the Website to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists (data mining). You may find that you are blocked from using the Website if you appear to us to be contravening this term. If you are blocked from the website, you will receive a message displayed on screen informing you that you are blocked. If you believe that you have not been misusing the website, you should contact support@adviserindex.co.uk
No commercial use
Except as provided below and subject always to the section below headed “Intellectual property rights“, you agree that you will use our Website only for your personal or internal business purposes and that you will not use our Website or any of its contents for any commercial purpose.
Use of your information
You agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy as amended from time to time. You warrant that all data provided by you is accurate.
Request Advice Form
Our Request Advice form allows adviser index to find local IFAs who can answer certain advice queries, Adviser Index will only introduce you to the IFA and Adviser Index cannot guarantee that the IFA will be able to help and that advice will be to a satisfactory standard (Adviser Index receives no commission or fee for referring clients to advisers), Adviser Index will not be held to any loss or damage caused by advice given, visitors accept that its their sole response-ability to check the suitability of advice provided and should seek professional guidance if they feel otherwise. We only pass on contact details and any introduction should not be seen as a recommendation.
General disclaimer
We provide this Website and its content on an ‘as is’ and ‘as available’ basis and give no representations, guarantees or warranties of any kind, whether express or implied, with respect to this Website or its contents or that its operation will be virus free or uninterrupted. In particular, without limitation, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on our Website. The information available on the Website is intended for general information purposes only and sets out our understanding of any chosen subject matter at the time of first publication. It is not intended to constitute advice or guidance upon which you may rely and is not a substitute for professional, financial, legal or tax advice based on your personal circumstances.
All users are advised to seek independent professional advice before acting on anything contained in our on our Website. The information:-
- may be incorrect or out of date; and/or
- may not constitute a complete or definitive statement of the law or any tax issues.
Specific disclaimers
Without prejudice to the “General disclaimer” in the above section, information contained in the listings has been provided by each of the independent financial advisers and mortgage advisers concerned. The information is directed only at persons in the UK and is approved by a person authorised and regulated by the Financial Services Authority. Although we run weekly checks to verify the data against FSA records. It is not practicable for us to independently verify all the data provided. We do not endorse or approve any of the mortgage advisers or independent financial advisers listed in the directories or any information or advice that they may provide and we accept no responsibility in respect of the same.
Exclusion of liability
Your use of our Website, and of any links to third parties sites, is at your sole risk. To the fullest extent permitted by law, neither we nor any of our directors, employees or other representatives will be liable for any loss or damage arising out of or in connection with your use of this Website or reliance on any information available on the Website or any third party site linked to this Website. This is a comprehensive exclusion of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations contained above affects any statutory rights you may have as a consumer or our liability for:-
- death or personal injury resulting from our negligence or that of our employees or agents;
- fraud or fraudulent misrepresentation; or
- any other matter which cannot be excluded or limited.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights (including without limitation copyright, and registered and unregistered trade marks and designs) in our Website and in the material published on it, including without limitation all copyright in the design, text, graphics software and other material on our site and the selection or arrangement thereof. Permission is granted to electronically copy and print in hard copy extracts from our Website for your personal reference solely in connection with the acquisition of goods or obtaining information through our site. Any other use of materials on our site (including without limitation use or reproduction for purposes other than those set out above and any alteration, modification, distribution, or republication of materials) is strictly prohibited without our prior written permission.
We are the proprietor of the Independent Financial Adviser (IFA) logo which is a registered trade mark (text and logo) in the UK, as well as other registered trademarks. All other trademarks, product names and company names or logos used on our Website are the property of us or our licensors. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of our or our licensors’ rights. IFAs registered with the site who order our merchandise have a limited non-exclusive licence to use the IFA logo on the terms set out in the Merchandise Terms and in the terms and conditions for advertising services.
Governing law and jurisdiction
These Terms are governed by English law and the English courts have exclusive jurisdiction in respect of these Terms and their subject matter.
Listings
Once a listing has been added its content and accuracy is the responsibility of the adviser providing the information, Adviser Index will not accept any loss or damage caused by our listings, all listings are subject to our t&c’s and our privacy policy, and submitting a listing automatically is an agreement of these polices. Once our invoice is paid the 12 months listing period begins, the 30 days we offer to pay the invoice is treated as a cooling off period, cancellation by way of nil payment or email identifying the wish to cancel will result in no payment being required and listing being removed from Adviser Index.
Adviser Index has the right to cancel any listing without notice if we find the adviser no longer holds authority from the FSA to conduct business advertised on their listing. Advisers accept their listing will be cancelled with no refund offered.
During the 12 month term of the listing, changes may be paid to the listing such as changing listing content and contact details free of charge; however Adviser Index may charge alteration fees if changes become excessive, excessive changes are classed as more than two changes in one calendar month. The excessive changes fee will be £25 per change, this fee will be notified before being charged as a warning.
Early Termination
No refunds will be offered after the listing fee has been paid and the 14 days money back guarantee has passed. Adviser Index however will happily remove any listing at any time, once a request has been received from the listing owner (this of course will result in no refund). If a listing has been added without your request, maybe by a third party, once we have established you are the owner we will remove listing immediately.
The Listing Package
As part of the package listings can be added to any number of regions and postcodes without extra fee, the only time an extra fee would be charged is when more than one “map pin” is added, listings are essentially map pins, so adding more than one will result in a separate listing fee.
The 12 month listing fee is renewed each year and does not automatically renew, we will email or phone within 1 month of your expiry date to offer a renewal for a further 12 months.
Request Financial Advice Leads
Leads from Request Advice Feature are handed to the nearest adviser who has the correct skills and licensees from the potential client’s home, so a mortgage lead would not go to an adviser or maybe was closer but does not have a separate license for mortgages. This is to prevent Advisers taking a commission for referring leads on. Adviser Index does not charge any introducer fees or commission from any leads generated from the website, this cost is included in the 12 month listing fee.
14 Day Money Back Guarantee
To make sure your 100% happy with your listings we offer a 14 day money back guarantee, so if your not happy with your listing you can cancel within 14 days and receive a 100% back any fee you may of paid (we offer a 30day standard invoice). After 14 days our normal terms apply and no refund will be offered for listings already paid for 12 months, we will of course remove a listing if you no longer want your company advertised on our directory.
Money Forums
Just so that you know, you own any copyright in the text that you post to our forums. However, when you post text, you expressly grant us a perpetual, unlimited free license to republish that text on our site and to redistribute/make available and/or sell that text in print or electronic form anywhere in the world as part of an edited compilation or otherwise. Skimlinks software may automatically track certain contextual links in your forum posts.
9.1 We encourage debate and the sharing of information between our users. However, we do require that your use of our forums and any other communication systems that we provide is lawful.
9.2 You may not use the forums or any of our comms systems for any illegal purpose and in particular you will not:
9.2.1 post or transmit material that infringes the intellectual property rights or other rights of others or post or transmit any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person as determined by us in our sole discretion;
9.2.2 post or transmit advertisements for or solicitations of business;
9.2.3 after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
9.2.4 post or transmit chain letters or pyramid schemes;
9.2.5 impersonate another person;
9.2.6 disguise the IP address of the connection used to post any message;
9.2.7 post or transmit any files containing viruses or other harmful computer code;
9.2.8 harvest or otherwise collect or use information about others, including e-mail addresses, without their explicit consent;
9.2.9 allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users;
9.2.10 post the same note more than once or “spam”; or
9.2.11 engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our site, or which, in our judgment, exposes us to any liability or detriment of any type.
9.2.12 intentionally make false or misleading statements about investments, their price or their prospects. If you do, you may be committing a criminal offence.
9.2.13 post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment. This may be a criminal offence.
9.2.14 give investment advice by way of business or make financial promotions.
9.3 Please note that any posting of information in these forums is the opinion of the person posting only and in no way reflects our opinions or attitudes. Although we believe we have an amazing forum with a huge wealth of information of benefit to many users, you must remember that we operate an open forum and sometimes messages are posted that are misleading, deceptive, or downright wrong. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
9.4 We don’t monitor the use of the forums or our comms systems, so we do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we will review specific postings. If you feel you have been threatened or damaged in our forums or via our comms systems or if you believe any infringement of your rights may have occurred through our site please contact us at admin@adviserindex.co.uk
9.5 We reserve the right (but we are not obliged) to do any or all of the following:
9.5.1 record the communications in forums and comms systems.
9.5.2 investigate a claim that any one or more communication does not conform to the terms of this clause 9 and determine in our sole discretion to remove or request the removal of the communication(s).
9.5.3 remove without notice communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
9.5.4 terminate a user’s access to post messages to any or all of these areas
9.5.5 monitor, edit, or disclose any communication in these areas.
9.5.6 edit or remove any communication(s) posted on our website, regardless of whether such communication(s) breaches these Terms.
9.6 If you disagree with a decision of a Forum Team member, you should email your appeal to admin@adviserindex.co.uk. You must not use the forum to argue any decision of our Forum Team.
9.7 Any decision we make to remove or request the removal of any communication or to terminate or suspend the posting privileges of any user of the forums shall be final and binding. The termination or suspension of posting privileges shall apply to any and all user accounts that may have been used by that person, whether or not opened by that person.
9.8 If you are notified that your posting privileges have been suspended or terminated, you will not attempt to reregister as a user of the Forum or make any posts on it in any guise whatsoever.
9.9 When former users whose posting privileges have been removed do reregister or otherwise disrupt the Forum, this spoils the Forum and can cause severe distress or disturbance to other users. Dealing with the unwanted posts of former users distracts us from the core purpose of the site and ties up management and technician time. Therefore in such circumstances we reserve the right to:
9.9.1 Report offenders to their ISP
9.9.2 Charge offenders for the administrative costs of identifying and removing their posts at the rate of £40 per hour necessarily spent plus any external costs that we incur.
9.9.3 Take legal action to recover these costs.
9.9.4 Report offenders to the authorities if their actions appear to amount to a breach of the Computer Misuse Act 1990 or any other relevant criminal legislation.
