Enquiries: 03303 600300
These Terms and Conditions ("Terms") govern the use by you ("Subscriber") of the Service located at www.tcfcentre.com ("the Website"). Please read these Terms carefully and ensure that you have understood them before subscribing the Service. By clicking on the button marked "I Accept" or by using the Service and/or the Website or any part thereof, you hereby warrant to Moneyinfo Limited ("Moneyinfo") that you understand and accept these Terms for and on behalf of the organisation and/or employer by whom you are employed. If you do not agree with any of these Terms or if you are not authorised to enter into legally binding contracts on behalf of your organisation and/or employer, please cease use of the Service and/or the Website immediately.
The following words and expressions shall have the following meanings:
"Charges" means the charges payable to us in respect of the provision of the Service which is more particularly set out on the Website and in your Subscription;
"ClientView also known as TCF Centre" means the object code form of the software solution available to you as a Subscriber in accordance with the Terms herein;
"Contract" means the contract between Moneyinfo and you as Subscriber for the Service and which incorporates these Terms;
"Effective Date" means the earlier of the date on which the Subscriber ticks the "I have read and agree to the site terms and conditions" box and clicks on the Register button or the date on which the Subscriber first Uses any part of the Service;
"Moneyinfo" means Moneyinfo Limited, a company registered in England and Wales with the company number 03508395 and having its place of business at Forward House, High Street, Henley-in-Arden, Warwickshire B95 5AA;
"Library" means the information library facility available to you as a Subscriber;
"Forum" means the forum accessible by Subscribers which is available on the Website;
"FCA" means the Financial Conduct Authority, a regulator for financial services provider having its address at 25 The North Colonnade, Canary Wharf, London E14 5HS;
"Intellectual Property Rights" means all intellectual property rights including without limitation, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
"Network" means the electronic communications network used by us to provide the Service;
"Purpose" means to access the Subscriber's status in respect of its compliance with certain aspects of the requirement set out by the FCA, specifically in relation to the Treating Customers Fairly requirement;
"Registration Form" means the registration form (available to you on the Website) for the application of a Subscription;
"Service" means having access to and Use of the ClientView , the ClientView Library, and any other services, features and functionalities made available to you through your Subscription as a Subscriber and which are more particularly described on the Website;
"Subscriber" means where applicable, you and/or your employer and/or organisation who and/or which has paid for the Charges in accordance with the Terms and has access to the Services in accordance with your Subscription;
"Submission" means any information in any format submitted by you to us for publication in the ClientView Library including without limitation, visual files, audio files, graphic files, textual files, word documents, excel spreadsheet, comments, suggestions, feedbacks, advice of any natures and any information relating to your Subscription and/or Use of the Service;
"Subscription" means the applicable subscription packages of the Service made available to the Subscriber as more particularly described on the Website;
"Terms" means the terms and conditions set out herein;
"Us", "us", "We" or "we" means Moneyinfo, its employees, agents, representatives and subcontractors;
"Use" means having access to the Service (including where applicable, the Subscription) for the Purpose as a Subscriber and "Using" and "Uses" shall be construed accordingly;
"Website" means www.tcfcentre.com; and
"You", "you", "Your" or "your" means the Subscriber.
2.1 The Website is owned and managed by Moneyinfo and/or its nominated representatives.
2.2 Moneyinfo may be contacted by writing to Forward House, High Street, Henley-in-Arden, Warwickshire B95 5AA or by email at email@example.com.
3.1 You must be eighteen (18) years old or over to Use the Service.
3.2 In order to Use and access the Service, you shall be required to register your details with us as a Subscriber by using the Registration Form.
3.3 By Using the Website and the Service, you warrant that you have the right, authority and capacity to be bound by and to bind your employer and/or organisation with these Terms.
4.1 Subject to the Terms herein and specifically in respect of the provisions under clause 9, your Contract with us shall commence when you tick the "I have read and agree to the site terms and conditions" box and click on the Register button or upon your first Use of any part of the Service, whichever is the earlier.
4.2 Upon our acceptance of your Registration Form and the grant of your Subscription, we may provide you with your login details in order to access the Service. You warrant that you shall keep your login details confidential and secure and any use of the same shall strictly be in accordance with your Subscription. Without prejudice to our other rights and remedies, we reserve the right to promptly disable your login details and suspend your Use and access to the Services in accordance with these Terms if we have reason to believe that you have breached this clause 4.2.
4.3 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to:
4.3.1 accept or reject your application as a Subscriber; and
4.3.2 refuse you access to the Service (in part or in whole).
5.1 In consideration for the Charges and subject to your strict compliance with these Terms, Moneyinfo hereby grants you a limited, terminable (subject to clause 9), non-transferable, non-sublicensable, non-exclusive licence to Use the Website on the number of seats as set out in your Subscription and to Use the same for the Purpose.
5.2 Except as expressly permitted in these Terms, you shall not and shall not permit others to: (i) modify, translate, create derivate copies of or copy ClientView in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of ClientView to source code form; (iii) Distribute, sublicence, assign, sell, rent, lease, grant a security interest in, or otherwise transfer the ClientView or your right to use ClientView; (iv) remove or modify any copyright, trademark, or other proprietary notice belonging to Moneyinfo in any part of ClientView and/or the Website; or (v) use ClientView in any manner not expressly authorised by these Terms.
6.1 We will use our reasonable endeavours to make the Service and any additional service that we agree to provide available to you at all times, but we cannot guarantee an uninterrupted or fault free service.
6.2 Notwithstanding the foregoing, Moneyinfo has the sole and absolute discretion to accept, modify, edit, vary, re-format or reject your Submission for publication on the ClientView Forum or on any part of the Website.
6.3 Our ability to provide the Service may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Subscribers logging onto the Website, server and Network at the same time.
6.4 The Network is not controlled by Moneyinfo and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being temporarily unavailable. Moneyinfo will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
6.5 We reserve the right to make changes to the Service and the Website or part thereof, from time to time, provided that such changes have no material adverse effect on the quality of the Service provided to you and we may from time to time add, remove, modify and/or vary any elements of features and functionalities of the Service.
6.6 Moneyinfo also reserves the right from time to time to monitor your Use of the Services.
7.1 You shall at all times:
7.1.1 comply and procure the compliance with all applicable laws, regulations, directives and legislations which apply to your Use of the Service and/or the Website as a Subscriber in whatever country you are physically located including without limitation any and all consumer law, export control laws, directives and regulations;
7.1.2 comply and procure the compliance of these Terms and guidelines provided or reasonable instructions issued by us or any fair usage policies provided to you or in operation from time to time in respect of your Use of the Service;
7.1.3 co-operate and comply and procure the co-operation and compliance with any reasonable security or other checks or requests of information made by us from time to time;
7.1.4 not re-sell, promote for resale the Service or engage in any other similar activities;
7.1.5 not do anything likely to impair, interfere with or damage or cause harm or distress to any person, or the Network;
7.1.6 Use the Service solely and strictly for the Purpose or not for any other use or purposes;
7.1.7 not use the Service and/or not do anything that shall be or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, post publish or make available for public viewing on ClientView Library anything which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate the rights of other Subscribers or users of the Website and/or Service; and
7.1.8 contact our Customer Service immediately by emailing us at firstname.lastname@example.org, calling us at 03303 600300 or writing to us at Forward House, High Street, Henley-in-Arden, Warwickshire B95 5AA if you suspect fraudulent, unlawful or illegal use of the Service.
7.2 You may submit your Submissions for the ClientView Library or any other facilities made available to you by us from time to time as part of the Service subject always that the Submissions:
7.2.1 are not or may not be construed to:
(i) promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harass or advocate harassment of another person;
(iii) display pornographic or sexually explicit material of any kind;
(iv) be libellous, slanderous or in any way or manner defame another person and/or organisation;
(v) incite, promote, aid or abet any conduct that is abusive, threatening, obscene, defamatory or libellous;
(vi) incite, promote, aid or abet any illegal activities including but not limited to violating another user or Subscriber's privacy or providing or creating any computer viruses, worms, bugs or any other similar mechanism aimed at disabling, preventing or interfering with another Subscriber's Use of the Service and/or the Website;
(vii) solicit password or any other personally identifying information from other Subscribers for any purposes not authorised by these Terms; and
7.2.2 do not or are not likely to infringe any Intellectual Property Rights or any other rights (including all proprietary rights of any nature) belonging to any third party.
7.3 You warrant that you understand that:
7.3.1 the Service is only aimed at providing you with some assistance in respect of your compliance with FCA related regulatory requirements and therefore, should not be wholly relied upon as a means of complying with all or any part of the your FCA requirements; and
7.3.2 due to the nature of ClientView and the Service, you shall use the Service at your sole risk and responsibilities.
7.4 For the avoidance of doubt, as a Subscriber of the Service (whether as an individual or an organisation), you shall at all times be fully liable for the use and breach of any of the Terms by your employees and/or representatives and/or third parties using your login details to access the Service.
7.5 Subject to clause 9 and without prejudice to any of its rights or remedies in the Terms herein, Moneyinfo reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 7.
8.1 In consideration for the payment of the Charges in accordance with these Terms, we shall use our reasonable endeavours to provide you with your specific Subscription, details of which shall be accessible by you through the Website.
8.2 Unless otherwise expressly set out to the contrary, you shall pay the Charges in advance and in accordance with your Subscription, using the direct debit payment method. We reserve the right to withhold or cease provision of the Service to you if we do not receive such payment of the Charges.
8.3 On payment of the relevant Charges in accordance with your Subscription, you hereby agree and consent to the immediate commencement of the performance of the Service by Moneyinfo such that on payment of such relevant Charges, you can immediately access the Service using the Website.
8.4 Subject to the Terms herein, you thereby agree and acknowledges that due to the nature of the Service, the Charges shall be non-refundable and that any request for the refund of such Charges shall be entirely at our sole and absolute discretion.
8.5 Moneyinfo shall be entitled to, from time to time vary the Charges by giving you not less than thirty (30) days prior written notice of such variation. If you do not accept such variation in the Charges, you shall be entitled to terminate these Terms by giving not less than thirty (30) days prior written notice to Moneyinfo by emailing us at email@example.com. For the avoidance of doubt, your continued use of the Service shall be deemed to be your acceptance of the variation to such Charges.
9.1 Your Contract shall commence on the date as determined in clause 4.1 and shall continue in force for an initial period of six (6) months. Upon the completion of the initial period, either party may terminate the Contract by giving to the other not less than one (1) month prior written notice by sending an email to firstname.lastname@example.org to this effect.
9.2 Notwithstanding clause 9.1, we shall be entitled to forthwith upon notice, suspend or terminate the Service to you if:
9.2.1 the Network owner ceases to make the Network available to us;
9.2.2 if we believe that you or someone using your login details has failed to comply with one or more of these Terms;
9.2.3 if we believe that there has been fraudulent use, misuse or abuse of the Service and/or the Network;
9.2.4 if we believe that you have provided us with any false, inaccurate or misleading information; or
9.2.5 if we believe you are in the business of re-selling, promoting the Service for resale or otherwise engaged in other similar activities.
9.3 Upon the termination of the Contract, your access to the Services and the Website as a Subscriber shall cease.
10.1 Unless otherwise expressly set out to the contrary herein, nothing in these Terms shall serve to transfer from Moneyinfo to you, any Intellectual Property Rights owned by and/or licensed to Moneyinfo and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Moneyinfo and/or its licensors.
10.2 Unless otherwise expressly set out to the contrary and where applicable, all Intellectual Property Rights in the Submissions shall remain exclusively with you and/or your licensors and you warrant that you have the right at all times to use such Intellectual Property Rights in the Submissions in accordance with the Terms.
10.3 You are expressly prohibited from:
10.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
10.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by Moneyinfo; and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to Moneyinfo without first obtaining the written permission of the owner of the intellectual property.
10.4 Notwithstanding the foregoing, you hereby agree to indemnify Moneyinfo against all actions, claims proceedings, damages, costs and expenses arising from any actual or alleged infringement of Intellectual Property Rights in or breach in the use by Moneyinfo of your Submissions.
11.1 Subject to clause 10.4, you hereby grant Moneyinfo an exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence in to use the Intellectual Property Rights in your Submissions for publication in the ClientView Library.
11.2 You hereby unconditionally and irrevocably waive all moral rights attaching to your Submissions pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
11.3 You hereby consent to the use by Moneyinfo of all the Intellectual Property Rights owned by you pursuant to Part II of the Copyright, Design and Patents Act 1988.
11.4 You hereby agree that Moneyinfo
11.4.1 may, upon obtaining prior consent from you (such consent not to be unreasonably withheld), refer to you in any of its marketing material as a customer of Moneyinfo and refer to the type of services that Moneyinfo has provided to you; and
11.4.2 may, in respect of the Pitches, use any of your trademarks in Moneyinfo's marketing and publicity materials for its publicity and marketing purposes.
12.1 The ClientView Library and the Website may include facts, views, opinions, advice and recommendations from other Subscribers which may not be endorsed by Moneyinfo. Moneyinfo shall to the maximum extent permitted by law exclude all liability on account of the accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you including without limitation the Submissions by other Subscribers.
12.2 All information published on the Website is intended as information only and does not constitute advice. Therefore, such information must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. Your use and reliance on the information available on the Website shall be at your own risk and Moneyinfo shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such Content.
12.3 Moneyinfo cannot guarantee and does not promise any specific result or outcome including without limitation, a guarantee that your Use of the Service or reliance on the information provided in the ClientView Library or any other information available on the Website shall be sufficient compliance on your part with any applicable law, legislations, directives and/or regulations in connection with the FCA and you therefore Use the Service entirely at your own risk and responsibility.
13.1 To the maximum extent permitted by law, Moneyinfo excludes all representations, warranties, obligations and liabilities arising out of or in connection with your Use of the Service, the ClientView Library, information available on the Website or any other additional services made available to you including but not limited to warranties of satisfactory quality, merchantability, non-infringement of Intellectual Property Rights, accuracy, completeness, compliance with any applicable law or directives governing a regulated and/or professional body, reliability, fitness for a particular purpose or otherwise.
13.2 To the maximum extent permitted by law, Moneyinfo shall not be liable for any loss, injury or damage caused in whole or part by, or failures, delays, interruptions or otherwise of, the provision of the Service and/or the ClientView Library; and shall not be liable for any direct, indirect, consequential, incidental, liquidated or special losses, loss of profits, loss of management time or damages, loss arising out of a failure to comply with the law and/or directives governing a regulated and/or professional body, loss of investments (financial or otherwise) arising out of, or relating to the use, inability to use, or reliance of the information provided through the Service on the Website or any decision of whatsoever nature made or action taken in reliance or partial reliance on the information provided through the Service.
13.3 In the event that you have a claim or right of action against any other Subscriber arising from their Use of the Service, you agree to pursue such claim or action independently of and without any demands from Moneyinfo, and you fully and completely release Moneyinfo from all claims, liability and damages arising from or in any way connected to such claim or action.
13.4 In the event that a claim or action is brought against Moneyinfo arising from your activities or Use of the Service and/or the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend Moneyinfo in such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Moneyinfo to assume the exclusive defence and control of the matter.
13.5 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Moneyinfo and Moneyinfo accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
14.1 Moneyinfo may alter or amend our terms and conditions by giving reasonable notice. By continuing to Use the Service and the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with Moneyinfo you may do so by giving Moneyinfo not less than seven (7) day's notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
14.2 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.
14.3 These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
14.4 You may print and keep a copy of these Terms, which form the entire agreement between you and Moneyinfo and supersede any other communications or advertising with respect to the Website.
14.5 No delay in exercising or non-exercise by you and/or Moneyinfo of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Moneyinfo's right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
14.6 If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
14.7 Moneyinfo shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Moneyinfo. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.