CREATIVE TECHNOLOGIES LIMITED

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ("TERMS") SET OUT THE TERMS ON WHICH YOU ("YOU", "YOUR", "USER") MAY ACCESS THE PLATFORM VIA WWW.WEALTHPLATFORM.COM ("WEALTH PLATFORM"). PLEASE READ THESE TERMS CAREFULLY AND ENSURE THAT YOU HAVE UNDERSTOOD THEM. BY CLICKING ON THE BUTTON MARKED "I AGREE" YOU WARRANT THAT YOU UNDERSTAND AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CEASE USE OF WEALTH PLATFORM IMMEDIATELY.

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

IMPORTANT:  Creative Technologies Ltd is a technology developer and supplier, not a financial adviser. Creative Technologies does not provide any financial advice to you whatsoever. Creative Technologies developed and hosts Wealth Platform for the benefit of your Adviser to facilitate their management of your information and documentation as part of the financial management services the Adviser has agreed to provide to you pursuant to your Adviser Agreement

By uploading information to Wealth Platform, you are submitting such information to us and our service providers for the purpose of making it available to your Adviser. Consequently, you understand that any information or documentation made available by you through Wealth Platform can be viewed by us and your Adviser. Your Adviser may make investment decisions based on your information included on Wealth Platform.

  1. DEFINITIONS

    1. "Account" means your individual Login Details, permitting access and Use of Wealth Platform through Wealth Platform;
    2. "Adviser" means the independent financial adviser engaged by you for the provision of financial investment advice and which is a licensee of the "Enable" platform service supplied by Creative Technologies Limited;
    3. "Adviser Accounts" means the savings, investment or other financial accounts (e.g. Individual Savings Account (ISA) or General Investment Account (GIA)) provided and/or managed by your Adviser pursuant to your Adviser Agreement;
    4. "Adviser Agreement" means the agreement between you and the Adviser for the provision of financial management advice;
    5. "Adviser Charges" means the charges payable by you under your Adviser Agreement;
    6. "Content" means any and all images, video, audio, text, photos, data, documents, and any other information or other material whatsoever (in any format) uploaded to or otherwise submitted by you through Wealth Platform;
    7. "Effective Date" means the date on which you click on the "I Accept" button;
    8. "Fee" means the non-refundable monthly fee payable by you and as set out in the Adviser Agreement;
    9. "Intellectual Property Rights" means all intellectual property rights including without limitation, performer’s reproduction rights, performer’s distribution rights, performer’s rental rights and performer’s lending rights (collectively referred to as "Performer’s Property Rights"), 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 register able 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;
    10. "Login Details" means your unique username and password provided to you to access Wealth Platform;
    11. "Network" means the electronic communications network used by us to provide Wealth Platform;
    12. "Permissions" means, in relation to Wealth Platform, the level of functionality granted by the Adviser to you, which may be increased, decreased or withdrawn at any time;
    13. "Profile" means the information held by us in relation to you, such information having been submitted at the time of registration with Wealth Platform;
    14. "Us", "Our", "We" means Creative Technologies Ltd, a company registered in England and Wales with the company registration number 06801043 and having its registered address at Holmwood House Broadlands Business Campus, Langhurstwood Road, Horsham, West Sussex, RH12 4QP;
    15. "Use" means having access to Wealth Platform (or part thereof) for your own personal use and as part of the services and advice provided to you by your Adviser pursuant to the Adviser Agreement.

  2. INFORMATION ABOUT CREATIVE TECHNOLOGIES LTD

    1. Wealth Platform is owned and managed by Creative Technologies Ltd and provided for your benefit and on behalf of your Adviser.

  3. REGISTRATION AND TERMINATION

    1. Your access to and use of Wealth Platform is at the Adviser’s sole discretion. Upon being granted access to Wealth Platform by the Adviser, your Login Details will be sent by your Adviser.
    2. You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information provided.
    3. Wealth Platform is provided for your personal use only and you shall not use Wealth Platform in connection with any commercial venture.
    4. You shall keep your Profile and any Login Details confidential and secure. Without prejudice to our other rights and remedies, we reserve the right to promptly disable your Login Details and suspend your access to Wealth Platform in the event we have any reason to believe that you have breached any of the provisions set out herein.
    5. We may terminate your access to Wealth Platform by giving you seven (7) days written or e-mail notice at any time, sent to the postal or e-mail address provided by you to us.
    6. You may terminate your access to Wealth Platform by contacting your Adviser or sending written or e-mail notice to us of your intention to terminate, sent to the postal or e-mail address provided at clause 14.
    7. We may suspend or terminate your access and use of Wealth Platform in the event that:
      1. third party services and network providers cease to make the third party service or network available to us;
      2. you fail to comply with one or more of these Terms;
      3. we believe that there has been fraudulent use, misuse or abuse of features and functionalities of Wealth Platform (in whole or in part);
      4. we believe that you have provided us with any false, inaccurate or misleading information;
      5. we believe that you are not acting in a personal capacity;
      6. the agreement between us and the Adviser is terminated for any reason;
      7. your access to Wealth Platform is withdrawn by the Adviser;
      8. your Adviser Agreement is terminated by the Adviser for any reason.
    8. Upon termination of your access to Wealth Platform in accordance with this clause 3, any Content will be deleted. We shall not be liable to you for any losses or damages incurred by you resulting from the deletion of such Content.

  4. ACCESS TO WEALTH PLATFORM

    1. Your access to Wealth Platform is managed by your Adviser, who shall decide upon your level of Permission. Depending on the Permission level granted to you, you acknowledge that certain features and functionality of Wealth Platform may not be available to you.
    2. We shall use reasonable endeavours to make Wealth Platform available to you at all times, but we cannot guarantee an uninterrupted or fault free service.
    3. Notwithstanding the foregoing, we have the sole and absolute discretion to reject or remove any of the Content uploaded to or submitted through Wealth Platform by you.
    4. Our ability to provide Wealth Platform 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 users logging onto Wealth Platform, server and Network at the same time. We shall take reasonable action to minimise the disruption caused by such circumstances but you acknowledge, agree and accept that some such interruptions may not be avoidable.
    5. The Network is not controlled by us 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 Wealth Platform being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
    6. We use industry standard security measures to protect against the loss, misuse and alteration of the information, data and Content under our control. However, you acknowledge and agree that we cannot guarantee complete security of such information, data and Content or that our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information, data and Content.
    7. We may temporarily suspend or block access to Wealth Platform (in whole or in part), without notice to you in order to prevent any unlawful use of Wealth Platform, or if we determine that Wealth Platform is being used (by you or any other person) in breach of applicable laws, or if such suspension is required in response to an order or direction of any court of law, governmental or regulatory agency.
    8. We reserve the right to make changes to Wealth Platform or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any elements of features and functionalities of Wealth Platform. We also reserve the right to impose charges in respect of certain features and functionality of Wealth Platform. The amount of such charges and the payment terms shall be as detailed on Wealth Platform or in these Terms from time to time.

  5. YOUR OBLIGATIONS

    1. You agree that you are solely responsible and liable for all your activities made using your Profile or any Login Details.
    2. You shall promptly notify us in the event of a breach of security or any unauthorised Use of your Profile or Login Details.
    3. You agree that in the use of Wealth Platform you shall not submit to appear any Content that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
      1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harass or advocate harassment of another person;
      3. display pornographic or sexually explicit material;
      4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
      5. promote any illegal activities;
      6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
      7. promote or contain information that you know or believe to be inaccurate, false or misleading;
      8. engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
      9. contain any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of Wealth Platform; or
      10. infringe any intellectual property rights or any other proprietary rights of any third party.
    4. You hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide licence to use the Content and all other materials uploaded by you for the purpose of providing you with Wealth Platform and performing our obligations under these Terms.
    5. You warrant and represent that you own or are licensed to use any and all the Intellectual Property Rights in any Content that you upload to, transmit or otherwise make available through Wealth Platform. You hereby indemnify us against all direct damages, losses, costs and expenses (including reasonable legal expenses) incurred by us arising out of or in connection with your breach of this warranty.
    6. You further agree that at all times you shall:
      1. not use Login Details and/or your Profile (as applicable) with the intent of impersonating another person;
      2. not allow any other person to use your Login Details and/or Profile (as applicable);
      3. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using Wealth Platform or in respect of the Network;
      4. not send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use Wealth Platform for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
      5. collect or harvest any personally identifiable information, including account names, from Wealth Platform;
      6. not use Wealth Platform, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
      7. not intercept or monitor, damage or modify any communication which is not intended for you;
      8. not use any information obtained using Wealth Platform otherwise than in accordance with these Terms;
      9. comply with all instructions and policies from us in respect of the use of Wealth Platform;
      10. co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
      11. use the information made available to you using Wealth Platform at your own risk.
    7. In the event that you breach any of the terms in this clause 5, or we in our sole and absolute discretion, reasonably suspect that you have breached any of the terms set out in this clause 5, we reserve the right to take any action that we deem to be necessary, including without limitation, the termination forthwith and without notice, of your use of and access to Wealth Platform and/or remove any Content uploaded onto Wealth Platform.

  6. FEES AND PAYMENTS

    1. Subject to your continued payment of the Adviser Charges, and in consideration of your compliance with these Terms, we shall grant you access to Wealth Platform.
    2. If your Adviser has provided you with and/or manages Adviser Accounts on your behalf and subject to your applicable Permission level, you may be able to view certain details relating to your Adviser Accounts via Wealth Platform and make payments into your Adviser Accounts through Wealth Platform by clicking on the "Add Money" button. You acknowledge and agree that we are not the provider or manager of your Adviser Accounts and that your ability to make payments into your Adviser Accounts through Wealth Platform may be restricted by the relevant rules and restrictions governing your Adviser Accounts generally and in force from time to time, together with your own provider or manager’s terms and conditions.
    3. We use third party payment processors to process any payments made by you to your Adviser Accounts via Wealth Platform. Prior to making any payment, you may be required to register and hold an account with our payment processor. Any payments to your Adviser Accounts through our payment processor will be subject to our payment processor’s terms and conditions.
    4. On completion of your payment, you will be sent an e-mail confirming payment has been made. We do not warrant, represent or guarantee that payments to your intended Adviser Accounts will be completed within a certain period of time. You are responsible for checking with your Adviser to ensure your payments have reached their intended destination.

  7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

    1. You hereby warrant that (a) you are at least 18 years old; (b) you have the right and capacity to enter into and be bound by these Terms, including having an existing Adviser Agreement in place; and (c) you shall comply with all applicable laws regarding the use of Wealth Platform.
    2. We do not verify and do not have any control in respect of any Content. We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Content or any other information made available to you through your use of Wealth Platform. If you so intend to use and/or rely upon any Content or any other information made available to you through your use of Wealth Platform, you do so at your own risk and liability.
    3. Depending on your Permission level, Wealth Platform may enable you to update and manage your personal and investment related information in order to assist the Adviser in making more informed investment decisions on your behalf. You warrant and represent that the information provided by you shall be correct, complete, accurate and up to date. In the event your information is incorrect, incomplete, inaccurate or out of date, then you must immediately take all necessary steps to rectify such information, including informing your Adviser. We shall not be liable to you for any losses, damages, costs or expenses suffered or incurred by you arising out of or in connection with any inaccurate or out of date information submitted through Wealth Platform.
    4. We do not warrant, represent or guarantee that the use of Wealth Platform will be error free. We shall not be liable to you for any losses, damages, costs or expenses incurred or suffered by you arising out of any bugs, flaws or inconsistencies arising in Wealth Platform.
    5. Links to third party websites may appear on Wealth Platform from time to time. Such third party websites are not our responsibility and we accept no liability for the availability, suitability, reliability or content of such third party websites and third party software.
    6. You acknowledge and agree that we rely on third party providers to make Wealth Platform available to you. Consequently, we do not warrant that Wealth Platform shall be uninterrupted or fault-free at all times. For the avoidance of doubt, we shall not be liable for any delay or failure to provide Wealth Platform for reasons that are due to third parties including without limitation internet service providers, data centres, server hosting companies and telecommunication providers.
    7. All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently all information, advice, suggestions and recommendations made available to you are provided to you on an "as is" basis.
    8. Nothing in these Terms shall be deemed to exclude, restrict or limit our liability to you for the following categories:
      1. death or personal injury resulting from our negligence; or
      2. any liability for fraudulent misrepresentation.
    9. We are not responsible for any loss or damage that is not foreseeable.   Neither you or us shall be responsible for any losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you or us and could not have been reasonably foreseeable by you or us on entering these Terms, whether such losses, damages, costs and expenses resulted from your or our negligence, failure to comply with these Terms or otherwise.
    10. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us on the Effective Date.
    11. We are responsible to You for foreseeable loss and damage caused by us.   Unless listed under clause 7.8 above, if either you or us fail to comply with these Terms or fail to use reasonable skill and care, neither you or us shall be responsible for any losses, damages, costs or expenses that the other suffers as a result of the other’s such failure, except for those losses, damages, costs and expenses which are a reasonably foreseeable consequence of the failure to comply with these Terms or our failing to use reasonable skill and care.
    12. Our maximum aggregate liability to you.  If you suffer loss or damage that is a foreseeable result of our breaching these Terms, our failing to use reasonable care and skill or otherwise, the maximum amount you may claim from us shall not exceed one hundred pounds sterling (£100.00).
    13. You agree not to use Wealth Platform for any business or re-sale purpose, and we have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.

  8. INTELLECTUAL PROPERTY RIGHTS

    1. We and our licensors own all rights in the Intellectual Property Rights relating to Wealth Platform.
    2. You are expressly prohibited from:
      1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of Wealth Platform; and
      2. removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us and/or its licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to us.

  9. DATA PROTECTION

    1. You shall ensure that your use of Wealth Platform is compliant with all relevant applicable laws, regulations and policies relating to data protection.
    2. To the extent that any Content contains information that relates to an identified or identifiable individual, you shall ensure that you are entitled to transfer such information to us so that we may lawfully process it for the purpose of performing our obligations under these Terms and that the relevant third parties have given their consent to our processing of the information in accordance with these Terms.

  10. PRIVACY POLICY

    1. We enforce a strict privacy policy which is available by clicking here . The terms of the privacy policy form part of these Terms and you agree to be bound by it.

  11. VIRUSES, HACKING AND OTHER OFFENCES

    1. You will not misuse Wealth Platform 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 Wealth Platform, the server on which Wealth Platform is stored or any server, computer or database connected to our Wealth Platform. You must not attack Wealth Platform via a denial-of-service attack or a distributed denial-of service attack.
    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Wealth Platform will cease immediately.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Wealth Platform or to your downloading of any material posted on it, or on any website linked to it.

  12. GENERAL

    1. We may transfer these Terms to someone else.   We may transfer our rights and obligations under these Terms to another organisation.
    2. You need our consent to transfer your rights to someone else.   You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
    3. Nobody else has any rights under these Terms.   No other person shall have any rights to enforce these Terms. Neither your or us need to get the consent of any other person in order to end the contract or make any changes to these Terms.
    4. If a court finds part of these Terms illegal, the rest will continue in force.   Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are illegal, unlawful or otherwise unenforceable, the remaining clauses will remain in full force and effect.
    5. Even if we delay in enforcing these Terms, we can still enforce it later.   If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings.   These Terms are governed by English law and you or us can bring legal proceedings in respect of any dispute arising under these Terms in the English courts.
    7. Only these Terms apply.  These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of Wealth Platform and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
    8. We may alter or amend these Terms by giving reasonable notice. By continuing to Use Wealth Platform after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the Website with us you may do so in accordance with clause 3.6.

  13. EVENTS OUTSIDE OUR CONTROL

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
    2. What we mean by an Event Outside our Control.   An "Event Outside Our Control" means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
      1. We will contact You as soon as reasonably possible to notify you; and
      2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects your ability to access Wealth Platform, we will rectify this as soon as reasonably possible after the Event Outside Our Control is over.

  14. CONTACT DETAILS

    1. Please direct any queries about these Terms (preferably by email) to:

      Creative Technologies Support Team
      Holmwood House Broadlands Business Campus, Langhurstwood Road, Horsham, West Sussex, RH12 4QP
      Tel: 01403 334440

      customerservices@benchmarkcapital.co.uk