Legal, privacy and regulatory information
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The pages of this website are prepared and issued in the United Kingdom and are intended for the information and use of United Kingdom residents only.
Any reference to "we", "us" or "our" means Scottish Widows unless a particular Scottish Widows company is mentioned.
1.1 Unless otherwise indicated, Scottish Widows Limited is the owner of the copyright and all other intellectual property rights (existing anywhere in the world) in this website, its pages, the screens displaying the pages, the information and material therein and the arrangement thereof.
1.2 The Scottish Widows’ logos, icons and images are registered trademarks of Scottish Widows Limited, including the image of the Widow herself.
1.3 This website may not be reproduced or adapted in whole or in part without the prior consent of Scottish Widows Limited, except for the purpose of accessing our products and/or services and for producing print outs for your own personal records.
3.1 The information contained within this website does not constitute financial, professional or investment advice. To confirm the suitability of any product or service for you, or to obtain any further information you may require, you should consult an independent financial advisor, who will be entitled to charge a fee for their advice.
3.2 This website is provided as a service by us and all information provided on this site is subject to change at any time. If you are in any doubt as to the information provided on the site, we recommend that you contact us directly or obtain independent financial advice prior to acting in reliance upon the information.
3.3 Whilst we have taken every reasonable care in the preparation of the content of this website, we do not accept any liability for any error or omission. Nor do we accept any liability for any errors in data transmission, machine, software or operating error or any other cause. Nor do we make any representations as to the availability, suitability, reliability or otherwise of this website or do we accept any liability for any loss whatsoever arising out of your use of this website.
3.4 All figures appearing on the website are for illustration purposes only. The completeness or accuracy of figures are not guaranteed and we do not accept any liability for any error or omission.
3.5 This website may contain material produced by third parties and links to other websites. These links and material are provided for general information purposes only and the sites concerned are not endorsed or promoted by us in any way. We do not accept liability in relation to any materials on websites that are not under our direct control.
3.6 We cannot guarantee that any email sent to us will be received or that the contents of the email will remain confidential during internet transmission.
3.7 Any dispute arising from the use or content of this website shall be subject to the Laws of Scotland.
Your personal information will be held by Scottish Widows Companies, consisting of Scottish Widows Limited, Scottish Widows Unit Trust Managers Limited, HBOS Investment Fund Managers Limited and Scottish Widows Administration Services Limited, which are part of Lloyds Banking Group. More information on the Group can be found at www.lloydsbankinggroup.com.
- to provide products and services, manage your relationship with us and/or comply with any laws or regulations we are subject to (for example the laws that prevent financial crime or the regulatory requirements governing the products we offer.)
- for other purposes including improving our services, exercising our rights in relation to agreements and contracts and identifying products and services that may be of interest.
To support us with the above we analyse information we know about you and how you use our services. This may include some automated decision making. You can find out more about how we do this, and in what circumstances you can ask us to stop in our full privacy notice.
Contact about our products and services
It is important you are kept up to date with information about the products and services you can introduce to your customers for us.
Who we share your personal information with
Your personal information will be shared within Lloyds Banking Group and other companies that provide services to you or us, so that we and any other companies in the Group can look after your relationship with us. By sharing this information it enables us to run accounts and policies, and provide products and services efficiently. This processing may include activities which take place outside of the European Economic Area. If this is the case we will ensure appropriate safeguards are in place to protect your personal information. You can find out more about how we share your data with credit reference and fraud agencies below and can access more information about how else we share your personal information, in our full privacy notice.
Where we collect your personal information from
We will collect personal information about you from a number of sources including:
- information given to us on application forms, when you talk to us in branch, over the phone or through the device you use and when new services are requested.
- from analysis of how you operate our products and services, including the frequency, nature, location, origin and recipients of any payments.
- from or through other organisations (for example card associations, credit reference agencies, insurance companies, retailers, comparison websites, social media and fraud prevention agencies.)
- in certain circumstances we may also use information about health or criminal convictions but we will only do this where allowed by the law or if you give us your consent.
You can find out more about where we collect personal information about you from in our full privacy notice.
Do you have to give us your personal information
We may be required by law, or as a consequence of any contractual relationship we have, to collect certain personal information. If you fail to provide this information to us it may prevent or delay us fulfilling these obligations or performing services.
What rights you have over your personal information
The law gives you a number of rights in relation to your personal information including:
- the right to access the personal information we have about you. This includes information from application forms, statements, correspondence and call recordings.
- the right to get us to correct personal information that is wrong or incomplete.
- in certain circumstances, the right to ask us to stop using or delete your personal information.
- from 25 May 2018 you will have the right to receive any personal information we have collected from you in an easily re-usable format when it’s processed on certain grounds, such as consent or for contractual reasons. You can also ask us to pass this information on to another organisation.
You can find out more about these rights and how you can exercise them in our full privacy notice.
Other individuals you have financial links with
We may also collect personal information about other individuals with who you have a financial link with, such as your partner/spouse, dependents, beneficiaries or people you have commercial links to, for example other directors or officers of your company.
If we do, we will collect this information to assess any applications, provide the services requested and to carry out credit reference and fraud prevention checks. You can find out more about how we process personal information about individuals with whom you have a financial link in our full privacy notice.
How we use credit reference agencies
In order to process your application we may supply your personal information to credit reference agencies (CRAs) including how you use our products and services and they will give us information about you, such as about your financial history. We do this to assess creditworthiness and product suitability, check your identity, manage your account, trace and recover debts and prevent criminal activity.
We may also continue to exchange information about you with CRAs on an ongoing basis, including about your settled accounts and any debts not fully repaid on time, information on funds going into the account, the balance on the account and, if you borrow, details of your repayments or whether you repay in full and on time. CRAs will share your information with other organisations, for example other organisations you ask to provide you with products and services. Your data will also be linked to the data of any joint applicants or other financial associates as explained above.
You can find out more about the identities of the CRAs, and the ways in which they use and share personal information in our full privacy notice.
How we use fraud prevention agencies
The personal information we have collected from you and anyone with whom you have a financial link with may be shared with fraud prevention agencies who will use it to prevent fraud and money laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found in our full privacy notice.
Our full privacy notice
It is important that you understand how the personal information you give us will be used. Therefore, we strongly advise that you read our Full Privacy Notice, which you can find at www.scottishwidows.co.uk/legalprivacy or you can ask us for a copy.
How you can contact us
If you have any questions or require more information about how we use your personal information please contact us using https://adviser.scottishwidows.co.uk/contact-us.html. You can also call us on 0345 300 2244.
If you feel we have not answered your question Lloyds Banking Group has a Group Data Privacy Officer, who you can contact on 0345 300 2244 and tell us you want to speak to our Data Privacy Officer.
This privacy notice was last updated on 15/04/2018.
Organisations must lodge a notification with their Regulator describing the purposes for which they process personal information. The details are publicly available from the Regulator’s office and you can view ours at http://www.ico.org.uk/esdwebpages/search.
In this policy, where we say 'cookies' it can also mean other software that collects data while you use our websites and mobile apps.
Data we collect will be held by Scottish Widows which is part of the Lloyds Banking Group. We use this data to:
- Protect you from fraud and keep improving security
- Study how people use our websites and apps and our other services, so we can improve them
- Decide which of our products, services and offers may be relevant for you
- Tailor the marketing you see on social media, apps and other websites.
We may share this data with other companies in the Group. We also share some data with outside organisations. Some of them may place their own cookies on your device when you visit our website. You can find out more about how we share data – and who we share it with – in our Privacy Notices for Scottish Widows Insurance and Scottish Widows Bank (PDF).
We do not sell data to organisations outside our Group.
Cookies are small files that are sent to your PC, mobile phone or tablet when you visit a website. They stay on your device and are sent back to the website they came from when you visit it again. Cookies collect data and send it to us while you use the site. These are written into mobile apps and web pages that you go to on your device.
All cookies are either session cookies or persistent cookies.
Session cookies last for the length of your visit to a website. They delete themselves when you close your browser. Session cookies can help with security. For instance, they can keep you logged on as you move around a website.
Persistent cookies stay on your device when you close your browser. They are used for many jobs. For instance, they can remember your User ID for websites where you log on. They can also store your choices for when you go back to a website.
Organisations find them useful to see how people use their websites. They can also be used to tailor the ads and marketing you see on social media, apps and other websites.
Whether a cookie is first or third party depends on where it comes from.
First party cookies are set by websites you go to.
Third party cookies are set by outside organisations. For instance, you may be on a website that has ‘Like’ and ‘Share’ buttons for social network sites. If you click one, the social network site will put a ‘third party’ cookie on your device. That cookie may then collect data about you and send it to them too. You will need to set your privacy choices on their site, to tell them how they can use your data.
We use our own cookies and others from companies we work with such as social media, search engines, other advertising networks, and our business partners.
Different types of cookies do different jobs on our website. Some are needed to make the website work. We need your consent to use others that are not essential. You can change your choices at any time. Just click the 'Cookies' link at the end of any page.
Category What they do My choices Strictly necessary
These cookies are needed to run our website, to keep it secure if you are logged on and to obey regulations that apply to us.
If you are a customer, they help us know who you are so that you can log on and manage your accounts. They also help us keep your details safe and private.
Other important jobs they do are:
- Help you move around the site
- Tell us if you’ve been to it before and which pages you went to
- Tell us how the site is working, so we can find and fix any problems.
You can’t turn off these cookies Functional
These cookies are used for remembering things like:
- Your user ID on the log on page
- Your region or country
- Your preferred language
- Accessibility options like large font or high contrast pages.
You can’t turn off these cookies Performance
These cookies tell us how you and our other customers use our website. We combine all this data together and study it. This helps us to:
- Improve the performance of our services
- Improve the products we provide.
We’ll ask for your consent to use these cookies Marketing
These cookies help us decide which of our products, services and offers may be relevant for you.
We may use this data to tailor the marketing and ads you see on our own and other websites and mobile apps, including social media. For instance, you may see our ads on other sites after you have been to our website.
If you turn off marketing cookies, you will still see ads online, but they will not be tailored to things that may interest you.
We’ll ask for your consent to use these cookies
Lloyds Banking Group is changing its websites to make sure we ask for your consent to use these cookies. It will take some time to update all our systems. Until then, you won't be able to make your choices on some websites run by companies within our Group. This means you may still see tailored marketing and ads from us during this time, even if you would prefer not to. We will update this cookies policy as soon as the work is complete.
If more than one person uses your device, the choices set up by other people will apply to you as well unless you change them. For example, if you share a computer with your family, you may see ads based on sites they have visited as well as sites you have visited.
Cookies with more than one use
Some of our cookies collect data for more than one use. We will only use these cookies for their essential purposes unless you have given your consent to any other uses they have.
Cookies that are already on your device
Turning off one or more types of cookies will not delete any that have been downloaded in the past. We may still use data we collected up to that point, but will stop collecting new data.
Managing cookies choices in your browser
You can turn off or delete cookies in your browser. If you do this, it may affect sites that use similar cookies to us.
Cookies choices you set in your browser replace any you set on a single website. For instance, if you run an ad blocker on your browser, you won't see ads that are tailored to you, even if you have turned on marketing cookies.
Find out how to manage cookies in common browsers (Internet Explorer, Chrome, Firefox and Safari) on the Information Commissioners’ Office (ICO) website.
For the purposes of these terms and conditions (the 'Terms'), 'you' shall mean the financial adviser, financial intermediary, or an employer (for the purposes of any auto-enrolment services) applying to access Scottish Widows Limited’s (“Scottish Widows”) extranet site. In consideration of being granted access to Scottish Widows’ extranet site, including all electronic services and related web sites including all third party electronic services supported by us (the 'Site'), you hereby confirm to Scottish Widows that you have read the following Terms governing the use of this facility by you, understand such Terms and you agree to be bound by them.
1. Access to the Site
1.1 Scottish Widows reserves the right to revoke the access of any party to all or any part of the Site at their absolute discretion and at any time without notice. You may subsequently request access which shall be subject to Scottish Widows’ approval.
1.2 You acknowledge that you will be denied access to parts of the Site that contain confidential information relating to third parties.
1.3 Scottish Widows will use reasonable endeavours to ensure that access to the Site will be available during normal business hours, but are under no obligation to provide access to the Site during those hours. You acknowledge that the internet is not a totally reliable medium of communication and is subject to failure of software or hardware outside the control of Scottish Widows which may lead to delays in, or total failure of access to, the Site. Scottish Widows is not liable to you for failure to provide access to the Site or for any losses incurred by you resulting from the unavailability of the Site.
1.4 You shall at all times use and access the Site in accordance with any guidance issued from time to time by Scottish Widows and shall not use the Site for any unlawful, improper or immoral purpose. Inappropriate use of the Site will result in the termination of your use of the Site.
1.5 You acknowledge that this Site contains output that is not intended for you to use directly with clients. If you reproduce any part of the material from this site you must ensure that it complies with FCA advising and selling rules and any Financial Promotion rules.
2. Use of password
2.1 If you do not use a digital certificate to access the Site, Terms 2.2 to 2.6 below apply.
2.2 When you register to use the Site, you will be invited to choose a password. Your right to use the Site is personal to you and you may not permit any other person to gain access to the Site using your password.
2.3 You must not disclose your password to any third party. You should not choose a password that can easily be guessed by a third party.
2.4 If you become aware that any other person knows your password, you must notify Scottish Widows immediately.
2.5 Scottish Widows may at any time, at their discretion, suspend or terminate the use of your password for security, administration or any other reasons. Scottish Widows will inform you as soon as reasonably possible of such termination or suspension, and will invite you to choose a new password.
2.6 If you forget your password, you must notify Scottish Widows immediately, who will invite you to choose a new password subject to security checks.
3. Online communications
3.1 Your communications to Scottish Widows will be deemed to have been received by Scottish Widows when the communication is accessible by Scottish Widows.
3.2 You accept responsibility and liability for the completeness and accuracy of any communication sent to Scottish Widows through the Site and Scottish Widows will not be liable for any consequence of any inaccurate or incomplete communication.
3.3 You authorise Scottish Widows to accept any electronic communication as a valid instruction without the need for further written confirmation from you or verification that such communication was generated by you. Notwithstanding the previous sentence, Scottish Widows reserves the right in relation to all instructions received through the Site, to require ratification of the instruction from the policy owner before effecting any such instruction. Scottish Widows will not effect instructions where policy provisions do not permit instructions to be accepted and/or authorised electronically.
3.4 In the event that a communication is corrupted, you shall re-transmit the communication as soon as possible to Scottish Widows, together with an indication that it is a corrected communication.
3.5 If you do not receive acknowledgement of an instruction communicated by you, or if the acknowledgement does not accurately reflect the instruction as given by you, you shall immediately notify Scottish Widows. If you do not immediately notify Scottish Widows of the inaccuracy, you will be deemed to have accepted the acknowledgement as an accurate reflection of your instruction.
3.6 Scottish Widows accepts no liability for any failure to carry out any instructions received through the Site, and you acknowledge that it is your responsibility to ensure that you have viewed an acknowledgement confirming acceptance of each instruction.
3.7 You agree to afford the same status to all communications and information received or sent through the Site as would be applicable to communications and information sent otherwise than by electronic means, unless such communications and information can be shown to have been corrupted as a result of technical failure on the part of machine, system or transmission line.
3.8 Any instructions received from you by Scottish Widows in relation to business that you transact with Scottish Widows will be subject to the terms and conditions applicable to that business. These Terms are additional to those terms and conditions and relate only to the Site. In the event of a conflict between these Terms and other terms and conditions, these Terms shall prevail only in respect of matters specifically concerning the use of the Site, and unless expressly provided otherwise.
4. Data protection
4.1 Part of the functionality of certain facilities within the Site allows you to populate certain data fields with 'personal data' (as defined in the General Data Protection Regulation (EU) 2016/679 and the UK laws which relate to privacy (the 'Data Protection Laws). Scottish Widows will deal with this personal data in accordance with the Data Protection Laws. You warrant and represent to Scottish Widows that such personal data submitted by you to Scottish Widows in connection with use of the Site is released with the full and informed consent and permission of the relevant data subject(s) and you agree to indemnify and keep indemnified Scottish Widows against any costs, claims, losses, damages and other liabilities which Scottish Widows may incur in connection with such personal data as a result of any breach by you of this warranty and representation.
4.2 You will comply with the Data Protection Laws at all times in relation to transferring any personal data outside the European Economic Area. The European Economic Area comprises the members of the European Union plus Liechtenstein, Norway and Iceland. Scottish Widows advise that Guernsey, Jersey and the Isle of Man are not within the European Economic Area. You may only transfer personal data outside the European Economic Area if appropriate protections are put in place in relation to the personal data following such transfer.
4.3 You may communicate personal data and/or sensitive personal data (as defined in the Data Protection Laws) relating to individuals through the Site for the purposes of applying for products or quotes. Scottish Widows will process the data for those purposes but may also use the information for market research, statistical purposes and the prevention and detection of fraud. The data may be shared with other companies within the Lloyds Banking Group for these purposes and, if necessary, the information may be provided to a reinsurance company. Any sensitive personal data such as information relating to the health and lifestyle of the customer required by us for underwriting purposes will be processed securely by Scottish Widows with access limited to those who need to see it.
4.4 You confirm that you will fully explain to each individual in relation to whom you provide to Scottish Widows personal data and/or sensitive personal data that their data will be used by Scottish Widows in the manner specified in clause 4.3 above, and that you will obtain the individual's consent to such use of their data.
5.1 You agree that you will use your reasonable endeavours to ensure that any data submitted by you to Scottish Widows for population of any facilities within the Site will have been checked by an up-to-date virus checker and will be free from viruses and other contaminants (whether latent or active) prior to its release to Scottish Widows.
5.2 All data provided by Scottish Widows to you as a result of your use of the Site shall at all times remain the property of Scottish Widows and shall be used by you solely for the purposes of fulfilling your obligations to your clients. You shall at all times keep such data confidential and shall only disclose the data obtained from the Site relating to a specific client of yours with the consent of the client in question, or where required by law or regulation, or where the disclosure is by another member of the same organisation as you and where you are listed as a named individual on a declaration relating to sharing of client data.
5.3 Scottish Widows accepts no responsibility for the content or integrity of any data once it has been sent by Scottish Widows to you. This shall apply regardless of the technical channel employed to transmit the data, and you agree that, in the event that you (or any third party authorised by you to receive the data) on-transmit the data to any other recipient or destination, Scottish Widows shall bear no responsibility for any corruption that the data may suffer in connection with such on-transmission.
6.1 Where Scottish Widows makes software available to you for use with the Site, you shall not modify, assign, sublicense, sell, charge, rent, copy, modify, enhance, compile, assemble or reverse engineer such software unless permitted by law.
6.2 Scottish Widows provides no warranty that any licensed software is fit for its purpose, or that it is free of bugs, viruses or errors.
6.3 All reasonable precautions have been taken to ensure no viruses are present in any extract files that you may receive or access in the course of using the Site. However, as Scottish Widows cannot accept responsibility for loss or damage arising from the use of any such extract file, Scottish Widows recommends that you subject all extract files to your virus checking procedures prior to use.
7. Limitation on liability
7.1 Scottish Widows shall use their reasonable endeavours to ensure the reliability and accuracy of the Site, but Scottish Widows does warrant the reliability, accuracy or completeness of information provided on or through the Site and shall not be held liable for any direct or indirect loss, damage, injury or expense which may arise out of or in connection with your use of the Site or loss of access to the Site.
7.2 Scottish Widows is not responsible for maintaining any software, hardware or other equipment necessary to effectively and reliably transmit and receive communications using the Site.
7.3 Scottish Widows is not responsible for any interruptions to access to the Site outside its reasonable control, and non-performance by Scottish Widows of any of their obligations relating to the Site in the event of such interruption shall not be a breach of these terms. Scottish Widows shall not be liable for any loss or damage, whether direct or indirect, arising as a result of any interruption to access to the Site.
7.4 You hereby agree to indemnify Scottish Widows in respect of any loss, costs, damages or expenses (including legal costs and expenses) suffered by Scottish Widows as a result of your wilful or fraudulent use or misuse of the Site or any element of the Site or any wilful default or fraud by you. This obligation, and the indemnity set out in clause 4.1 above shall survive termination of the Terms.
8.1 Scottish Widows may terminate your right to use the Site if you breach any of the Terms of access, or for any reason at their discretion. Termination will be immediate and Scottish Widows is under no obligation to notify you.
8.2 Termination of your use of the Site will not impact on any instructions, requests or transactions already received by companies through the Site.
8.3 If you are a financial adviser, these Terms shall automatically terminate on termination of your terms of business with Scottish Widows.
9.1 These Terms shall be governed by and construed in accordance with the laws of England. Both Scottish Widows and you submit to the non-exclusive jurisdiction of the English courts.
9.2 These Terms may be varied by Scottish Widows from time to time by posting updated Terms on the Site. The Terms in force at any particular time are those posted on the Site. Please check them regularly.
9.3 Any failure or delay by either Scottish Widows or you to enforce any right under these Terms of access is not an implied waiver of the same or of any other right in the future.
9.4 If any provision of the Terms is held or made invalid by a court, statute, rule or regulation or otherwise, the remainder of the Terms shall remain valid.
9.5 You may not assign your right to use the Site at any time. Scottish Widows may assign the Terms at any time without your consent.
10. Legal information
10.1 You acknowledge that you have read and understood the information contained in the legal information on Scottish Widows’ website and you acknowledge that this applies to the entire website, including the Site, where appropriate. You also acknowledge that the pages of this website are maintained by Scottish Widows.
11. Electronic services with third party systems
11.1 Use of the Site with third party systems, including, but not limited to, portals and back office software systems, is also governed by the Origo Legal Framework Electronic Services Agreement: Provider-Intermediary (the ”Agreement”) (subject to Clause 11.2 below). In the event of any conflict or inconsistency between these Terms and the Agreement, the Agreement shall prevail only in respect of matters specifically concerning the use of the Site with third party systems, and unless expressly provided otherwise. The Agreement is accessible at the following location: www.origostandards.com
11.2 Scottish Widows may decide, in their absolute discretion, that the Agreement is not appropriate for the third party system chosen by you, where any data is not to be stored or held by the third party providing the system but on your own systems, and in this case you agree that you shall be solely responsible for such third party system and fully indemnify Scottish Widows in respect of any loss, costs, damages or expenses (including legal costs and expenses) suffered by Scottish Widows as a result of any action by you or the supplier of the third party system, or any defect in the third party system. For the avoidance of doubt this includes any loss suffered as a result of non-compliance with the Data Protection Laws caused as a result of such third party system.
Additional terms and conditions relating to Towers Watson's Evalue (TM) software
Towers Watson's eValue (TM) Software (the 'Tool') is accessible through the Site. The Tool is made available to you by HBOS Financial Services Limited ("HBOS FS") by virtue of a licence agreement entered into by HBOS FS and the owner of the copyright and other intellectual property rights in the Tool, Towers Watson UK Limited ('Towers Watson'). Your own access to and use of the Tool must be subject to certain terms and conditions that HBOS FS, in terms of that licence agreement, is required to impose upon you. Accordingly, before being granted access to the Tool, you will be required to read and accept online the following additional terms and conditions relating to your use of the Tool in addition to the general terms and conditions above.
Sub-licensing terms and conditions
In addition to those provisions relating to your access to and use of software products and related documents, materials and other items made available to you by Scottish Widows in the course of your dealings with them set out in:
a) the then current terms of business regulating relations between you and Scottish Widows (the 'Terms of Business'); and
b) the then current terms and conditions, set out above, governing the access by you to the Site (the 'Site Terms'), your use of the Tool shall be subject to the following additional sublicensing terms and conditions:
1. Limitation of liability
1.1 In granting this sub-licence to you, HBOS FS is not acting as agent for, and nor is HBOS FS in partnership with, Towers Watson. Towers Watson is a 'third party' within the meaning of the Contracts (Rights of Third Parties) Act 1999.
1.2 Nothing in these terms and conditions shall exclude or restrict HBOS FS' or Towers Watson's liability to you for fraud, or for death or personal injury caused by their negligence.
1.3 Subject to paragraph 1.2, Towers Watson and HBOS FS shall have no liability to you:
1.3.1 whether in tort (including negligence) or otherwise, in respect of your use of the Tool for direct losses; or
1.3.2 for any indirect or consequential losses (including claims against you by third parties) or claims for loss of profit or loss of revenue, savings, investments or interest on monies, anticipated or actual arising in connection with your use of the Tool.
1.4 Any grievance you have in relation to your access to and use of the Tool and related documentation must be referred to HBOS FS. You acknowledge that the limitation on HBOS FS and Towers Watson's liability set out in paragraph 1.3 is reasonable.
1.5 To the extent that rights are given to Towers Watson in terms of this sub-licence, such rights may not be revoked or varied without Towers Watson's prior written consent.
1.6 Towers Watson is entitled to directly affirm and enforce any rights given to it in terms of this sub-licence, as if it were a party to this sub-licence.
1.7 Nothing in this sub-licence imposes any obligations upon Towers Watson in relation to you or HBOS FS.
1.8 Each time you access the Tool you agree that you shall be bound by the then current terms. These terms may be varied from time to time and you agree that you are deemed to have notice of such variations by virtue of this paragraph and by the fact that each time you access the Tool you shall have the opportunity to click on the current terms and read them.
1.9 You acknowledge and accept that HBOS FS may provide personal data concerning you to Towers Watson as part of and only to the extent of its obligation to provide to Towers Watson at its request particulars of those to whom HBOS FS has granted sub-licences to access and use the Tool. By accepting these terms and conditions, you shall be deemed to have consented to the provision of such personal data for such purposes.
2. Permitted use
2.1 You may use the Tool only on equipment used in the normal course of your business.
2.2 You may not translate or adapt the Tool for any purpose nor arrange or create derivative works based on the Tool.
2.3 You may not transfer or distribute (whether by licence, loan, rental, sale or otherwise) all or any part of the Tool to any other person.
2.4 You may not make for any purpose including (without limitation) for error correction, any alterations, modifications, additions or enhancements to the Tool nor, subject to paragraph 2.5, permit the whole or any part of the Tool to be combined with or become incorporated in any other software program, without HBOS FS' prior written consent.
2.5 You may not, nor permit others to, decompile, reverse-engineer or disassemble the Tool or any part, except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Tool or with another software program and such information is not readily available from HBOS FS or elsewhere.
2.6 You must use the Tool in a manner consistent with any binding rules, laws and regulations relating to financial services or otherwise. You acknowledge and agree that the Tool should only be used for the purposes of providing information to and guiding persons who are:
2.6.1 resident and ordinarily resident in the United Kingdom for tax purposes;
2.6.2 United Kingdom domiciled for tax purposes; and
2.6.3 subject to the United Kingdom legal system.
2.7 You acknowledge and agree that the Tool provides basic information and general strategic guidance only. No specific advice regarding investments and / or their providers are given by the Tool and you should always satisfy yourself that any actions you take or advise others to take in reliance on any of the information and guidance provided by the Tool is suitable in any particular case. The Tool provides strategies for long term investment projections of more than three years. It is not intended to be predictive of what shall happen in the future, but rather to give a sensible range of possible outcomes. It is your responsibility to ensure that any individual for whom you use the Tool to provide financial advice or recommendations is given notice of the aforementioned limitations and to the extent that you fail to do so you agree to indemnify HBOS FS and Towers Watson for any loss, damage, cost or expense which HBOS FS or Towers Watson may suffer in connection with such failure or in connection with any claim against HBOS FS or Towers Watson by any third party whom you have advised.
2.8 You acknowledge that you are responsible for all acts and omissions of any person or organisation that accesses the Tool using your password or digital certificate whether with or without your authority to do so.
3. Extent of permitted reproduction
3.1 The Tool is being provided to you 'on-line' only from a website hosted by or at the direction of a group company of HBOS FS. Accordingly there is no need for you to make any back-up copies of the Tool and you are expressly prohibited from making any such back-up copies.
3.2 You may not make or permit others to make copies of any documentation provided to you relating to your use of the Tool without HBOS FS' prior written consent.
3.3 You must effect and maintain adequate security measures to safeguard the Tool from unauthorised access, use or copying.
3.4 You must keep accurate and up-to-date written records on your use, copying and disclosure of the Tool as HBOS FS or Towers Watson may from time to time reasonably require or, in the absence of any specific requirement by Towers Watson, in accordance with good data processing practice. You must allow HBOS FS or Towers Watson, within a reasonable time of request, to inspect and take copies of such records from time to time.
4. Proprietary rights
4.1 You shall not acquire any title, copyright or other proprietary rights in the Tool or in any copies of it.
4.2 You may 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 Tool, on or in the Tool or which is visible during its operation or which is in any related documentation. It is your responsibility to ensure that any person to whom you provide advice or recommendations based on the use of the Tool is made aware of any warnings and disclaimers relevant to the use of the Tool and, where relevant, is provided with copies of documentation on which such warnings and disclaimers are reproduced.
4.3 You must notify HBOS FS immediately if you become aware of any unauthorised access to, or use or copying of, any part of the Tool by any person.
4.4 You must permit HBOS FS or Towers Watson to check your use of the Tool at all reasonable times. HBOS FS or Towers Watson may upon one week's prior written notice send a reasonable number of representatives to any of your premises to verify compliance with this sub-licence, and you irrevocably consent to such representatives entering any of your premises for this purpose.
5.1 You acknowledge that the Tool contains confidential information of Towers Watson. You must treat as confidential and keep secret all information contained in or otherwise received from HBOS FS or Towers Watson in connection with the Tool (collectively referred to as 'the Confidential Information') and shall not use the same for purposes other than in relation to use of the Tool in accordance with this sub-licence.
5.2 You must not, without HBOS FS' prior written consent, communicate or disclose any part of the Confidential Information to any person except:
5.2.1 only on a need-to-know basis to those of your employees or sub-contractors who are directly involved in the use of the Tool;
5.2.2 your auditors, professional advisers and any other persons or bodies having a legal right or duty to have access to or knowledge of the Confidential Information in connection with your business.
5.3 You must ensure, prior to disclosure of any Confidential Information, that all persons and bodies mentioned in paragraph 5.2 are aware that the Confidential Information is confidential and that they owe a duty of confidence to Towers Watson. Notwithstanding paragraph 6 below, you shall indemnify Towers Watson against any loss or damage which Towers Watson sustains or incurs as a result of your failure to comply with such undertaking.
5.4 The provisions of paragraph 5 shall not apply to any Confidential Information which:
5.4.1 is or becomes public knowledge other than as a result of your conduct or that of any of the persons or bodies mentioned in paragraph 5.2; or
5.4.2 is independently developed without access to or use of the Tool; or
5.4.3 is in your possession or that of any of the persons or bodies mentioned in paragraph 5.2, as evidenced by written records of that person or body, prior to receipt from HBOS FS; or
5.4.4 is received bona fide by you or any of the persons or bodies mentioned in paragraph 5.2 free from an obligation of confidentiality from a third party not receiving the Confidential Information directly or indirectly from the Towers Watson.
6.1 You shall indemnify and hold HBOS FS harmless against any and all losses, damages and expenses (including, but not limited to staff time and legal expenses) suffered or incurred by HBOS FS arising from: (i) any breach by you (or any of your employees or subcontractors) of any of the terms of this sub-licence; or (ii) any other act or omission of you (or any of your employees or sub-contractors) done in the course of or connected with the use of the Tool.
7.1 HBOS FS may terminate this sub-licence for any reason at its discretion. Termination will be immediate and HBOS FS is under no obligation to notify you. For the avoidance of doubt, this sub-licence shall automatically terminate in the event of the termination of HBOS FS' licence agreement with Towers Watson.
7.2 This sub-licence will terminate automatically on termination of the Terms of Business.
7.3 On termination of this sub-licence, your authority to use the Tool shall automatically cease. You must immediately stop using the Tool.
8.1 You may not assign or otherwise transfer your rights or obligations under this sub licence without HBOS FS' prior written consent.
9.1 In the event of conflict between the terms and conditions of this sub-licence of the Tool and, together, the Terms of Business and the Site Terms, the Terms of Business and the Site Terms shall prevail.
10. Governing Law
10.1 This sub-licence shall be governed by the law of England and Wales, and you and HBOS FS both submit to the non-exclusive jurisdiction of the English courts.
Additional terms and conditions relating to tools and calculators
Tools and Calculators are accessible through the Site. The Tools and Calculators are made available to you by HBOS Financial Services Limited ('HBOS FS') by virtue of an agreement entered into by HBOS FS and Financial Express Limited ('Financial Express'). Your access to and use of Tools and Calculators is subject to general terms and conditions of the Site (the 'Site Terms') and the following additional terms and conditions. Accordingly, before being granted access to Tools and Calculators, you must read and accept online the following additional terms and conditions relating to your access to Tools and Calculators, in addition to the general terms and conditions above.
1. In consideration for allowing you to use the Tools and Calculators, you acknowledge that Financial Express is the owner of the copyright in the compilation of the fund and equity prices, performance figures, performance charts, market news and index values made available to you through the Tools and Calculators (the 'Data').
2. You agree, at the request and expense of Financial Express, to take any action reasonably required by Financial Express to protect its intellectual property in the Data.
3. Financial Express warrants that it owns the copyright in the Data, and that it has the right to make the Data available to you.
4. While reasonable care is taken in the compilation of the Data, neither Financial Express nor HBOS FS warrants the accuracy or completeness of the Data, or its fitness for the purposes for which you intend to use it.
5. Nothing in these additional terms and conditions shall exclude or restrict HBOS FS' or Financial Express' liability to you for fraud, or for death or personal injury caused by their negligence. Subject to this, neither HBOS FS nor Financial Express shall have any liability to you whether in tort (including negligence) or otherwise, in respect of your use of the Data for direct losses or for any indirect or consequential losses (including claims against you by third parties), claims for loss of profit or loss of revenue, savings, investments or interest on monies, anticipated or actual arising in connection with your use of the Data.
6. Financial Express does not purport to provide investment advice, and the Tools and Calculators and the Data shall not be construed as providing or constituting investment advice.
7. The Data may only be used in the normal course of your business.
8. For the avoidance of doubt, the Tools and Calculators and the Data may not be used for the following purposes:
8.1 the commercial benefit of individuals or organisations other than you or your own;
8.2 supplying information to data vendors or companies carrying out investment analysis;
8.3 to provide services or software programs which are then sold to others to be used as research or sales aids;
8.4 display on any website; and
8.5 purposes which could reasonably be said to damage the commercial interests of Financial Express.
9. You shall indemnify and hold HBOS FS harmless against any and all losses, damages and expenses (including, but not limited to staff time and legal expenses) suffered or incurred by HBOS FS arising from: (i) any breach by you (or any of your employees or subcontractors) of any of the terms of these additional terms and conditions; or (ii) any other act or omission of you (or any of your employees or sub-contractors) done in the course of or connected with the use of the Tools and Calculators.
10. HBOS FS may terminate your access to the Tools and Calculators for any reason at its discretion. Termination will be immediate. HBOS FS is under no obligation to notify you. For the avoidance of doubt access to the Tools and Calculators will automatically terminate in the event of the termination of HBOS FS' agreement with Financial Express or termination of the Terms of Business.
11. In the event of conflict between these additional terms and conditions and the Terms of Business and the Site Terms, the Terms of Business and the Site Terms shall prevail. 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 a guide to future performance. Where any information supplied under this sub-licence consists of pricing or performance data, the data contained therein has been obtained from sources believed to be reliable. Although carefully verified, the completeness and accuracy of data computations are not guaranteed by HBOS FS.