Cofunds
 

Usage Terms & Conditions


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INTRODUCTION

If you are an investor and wish to gain access to this Service please read this Agreement carefully. By using the Service, you are deemed to accept this Agreement, as a binding contract between you and Cofunds regarding your access to and use of the Service. These terms and conditions, as varied from time to time in accordance with clause 12 are referred to as the "Agreement".

If you do not understand any part of this Agreement, please contact your adviser directly.

1. DEFINITIONS

In this Agreement the following expressions shall have the following meanings, unless inconsistent with the context: -

Expression Meaning

"Authorised User" an investor who has registered and been accepted by Cofunds to use the Service and has been supplied with a user password.

"Cofunds" Cofunds Limited of Level 43, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, registered under company number 03965289. For further information on the investment services provided by Cofunds, please contact your adviser directly. Alternatively visit www.cofunds.co.uk/investors for further information.

"Computer environment" any computer or network of computers used by an Authorised User to access the Service.

"Content" certain material and information from time to time appearing on the Service and made available to you under this Agreement.

"Key Features of the Cofunds Platform ” the brochure of this name describing Cofunds services’, as amended from time to time. That brochure incorporates the “Terms & Conditions of the Cofunds Platform”, which constitute an agreement between you and Cofunds governing your rights as an investor. This Agreement is supplemental to those terms and conditions.

"Links" hypertext links from this Service to other Third Party Sites or where expressly referred to in this Agreement, hypertext links from Third Party Sites to this Service.

“Service” the website provided by Cofunds under the domain name, for example, http://XYZadviser.cofunds.co.uk , or such other website as Cofunds may notify you from time to time.

"Security Details" details used to log into the Service, as an Authorised User.

“Service” the facilities provided by Cofunds through the Service".

“Service Disruption Event" a factor outside the control of Cofunds including, without limitation, the in-operation, or interruption of the Internet or other telecommunication services.

"Third Party Sites" any websites other than the Service.

“Transactions” the facility, where made available to you, that allows you to electronically instruct Cofunds to Buy and/or Switch investments. This is subject to our standard dealing process through the Service, as detailed in the ‘When and how is my money invested?’ and ‘How can I move between funds?’ sections of the Key Features of the Cofunds Platform document. This facility is not available to all Authorised Users. If you are in any doubt please contact your adviser.

"You”,” Your" or "Yourself" the individual, firm or business who has accessed the Service under this Agreement.

“We”,” Us” or ”Our” means Cofunds Ltd.

2. REGISTRATION & DATA PROTECTION

2.1 In order to register for the Service you will need to provide your e-mail address.

(a) Your e-mail address will be used by Cofunds purely for the following purposes:

i. Registration and password reminder.

ii. Communications concerning the operation of the Service.

(b) Cofunds will pass on your e-mail address to your adviser for the following purposes*:

i. Contacting you about your existing investments.

ii. Contacting you for marketing purposes (for example: emails regarding products and services which may be of interest to you, regular newsletters and other communications to maintain your existing relationship). 

2.2 If you would prefer not to be contacted in accordance with clause 2.1 (b) above you may withdraw your consent by contacting your adviser.

2.3 Cofunds Limited will use any other information you supply for the administration and servicing of your investments and all other related activities. We may disclose your information to our agents and service providers for these purposes. We may also disclose your information to organisations for compliance with legal and regulatory requirements.

2.4 With the exception of the above provisions, we will not pass on your details to any other third party without your permission, but we will disclose information concerning your investment, along with your e-mail address to your adviser.

2.5 Cofunds may transfer your information to countries outside the EEA for the servicing of your investments. In such cases, contracts will be put in place to ensure that the service providers protect your information in accordance with the requirements of the Data Protection Act 1998.

*Clause 2.1 (b) does not apply if you signed up before 11/02/2010

3. ONLINE INVESTOR SERVICE

3.1 Once you have accepted the terms and conditions of this Agreement, you will be entitled to access the Content and conduct Transactions where made available to you in accordance with this Agreement. Cofunds will then make the Content and Transactions (if relevant) available to you through the Service. Your right to use and have access to the Content and conduct Transactions will continue until this Agreement is terminated in accordance with clause 11 of this Agreement.

3.2 There is no specific time limit applying to your access to the Service and Cofunds will use reasonable endeavours to make the Service available for access at all times. Access to the Website may, however, be suspended from time to time for maintenance and development work.

3.3 Cofunds do not currently make a charge for accessing the Service, viewing the Content, or conducting Transactions (where made available to you), but reserve the right to do so in the future.

4. USE OF CONTENT

All Content belongs to Cofunds, or its licensors and is protected by copyright law. You may retrieve Content from the Service for display, or print Content on paper (but not make photocopies) and store Content in electronic form on disk or computer hard drive (but not on any server or other storage device connected to a network), though only for your personal, non-commercial use.

5. TRADEMARKS

"Cofunds", "www.cofunds.co.uk", "www.cofunds.com" and any other company or product names appearing anywhere on the Service are trademarks and you may not use any trademarks, servicemarks or logos appearing on the Service, or otherwise owned or licensed to Cofunds without prior permission from Cofunds or their owner.

6. SECURITY

6.1 Once you have registered for the Service and accepted the terms and conditions of this Agreement you will become an Authorised User and will be able to use your Security Details to access the site.

6.2 You must keep your Security Details secret and take all reasonable precautions to prevent unauthorised, or fraudulent use of them.

6.3 You must not disclose your Security Details to any other person or record your Security Details in any way that may result in them becoming known to another person.

6.4 Please note that after initial registration we will never contact you, or ask anyone to do so on our behalf, with a request to disclose your Security Details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your Security Details to them in any circumstances. You should report any such requests to us immediately on 0345 604 4001 (Calls may be recorded for monitoring purposes).

6.5 If you suspect someone knows your Security Details you must contact us immediately on 0345 604 4001(Calls may be recorded for monitoring purposes). If you fail to do so, you will be liable for any unauthorised transactions on your account confirmed by use of the Security Details.

6.6 Where a Transaction on the account is confirmed by use of the Security Details and the Service, but you subsequently show that is was not authorised by you, you will not be liable for that Transaction provided you have kept your Security Details secret, you have acted with reasonable care and in accordance with this Agreement, and you have not acted fraudulently.

6.7 You will be responsible for all instructions received by us between the time you pass the security procedure until you exit from the Service. Please note that this includes any input errors, or instructions sent by someone other than yourself so please do not leave the device you are using to access the Service unattended while you are still logged onto the Service.

6.8 To ensure that the Service provided by Cofunds reflects the highest level of confidence for its customers, Cofunds has developed a high level of security. Cofunds employs the following security measures to protect your security and personal information: -

6.8.1 128-bit secure sockets layer encryption engine that provides high levels of security minimising the risk of your confidential information being read by anyone else;

6.8.2 'Firewalls', antivirus software and access monitoring tools that are used to identify any potentially fraudulent behaviour; and

6.8.3 Security details enable Cofunds to recognise you before you access the Content or conduct Transactions.

7. TRANSACTIONS

7.1 Upon acceptance of your electronic instruction; Cofunds will immediately provide you with a reference number as confirmation. It is important that you keep a record of this reference number, either by printing it directly off the website, or saving it, as it represents evidence that your electronic instruction has been accepted by Cofunds.

7.2 Records of all Transactions are available and can be requested via your adviser.

7.3 Cofunds accepts no liability for failure to carry out any Transactions which you place using the Service, unless you can show that you have received a reference number confirming Cofunds acceptance for each and every instruction: -

7.3.1 You will further notify Cofunds as soon as possible: if any aspect of the confirmation does not accurately reflect your instruction; or if you receive a reference number, confirmation or contract note for an electronic instruction which has not been placed with your Security Details.

7.3.2 If you fail to notify us as soon as possible in any of these circumstances, you will be deemed to have accepted the terms of the Transactions as stated on the confirmation provided to you by us. You accept full responsibility for monitoring the Transactions.

7.4 You understand that the following matters control the operation of your Cofunds accounts and that the Service is provided subject to those matters: -

  • Key Features of the Cofunds Platform incorporating the Terms and Conditions of the Cofunds Platform.
  • Any third party terms and conditions.
  • Any applicable instruments of incorporation, trust deeds, prospectuses and scheme particulars.

7.4.1 In the event of a conflict between these Terms and those other matters, these Terms shall prevail in respect of details specifically concerning use of the Service, unless expressly provided otherwise.

8. UNDERTAKINGS BY YOU

8.1 You may not: -

8.1.1 interfere or tamper with, alter, amend or modify the Content or Transactions functionality of the Service, or any part of it;

8.1.2 copy or disassemble any of the software comprised in the Service; or

8.1.3 Attempt to do any of the above or permit any of the above to be done, in each case, except as necessary to use the Service in accordance with the provisions of these Conditions of Use or as expressly required, or allowed by law.

8.2 You may not reproduce, modify or in any way commercially exploit the Content. In particular, you may not do any of the following without the prior written permission of Cofunds: -

8.2.1 Redistribute any of the Content, including by using it as part of any library, archive or similar service;

8.2.2 Remove any copyright or trademark notice from any copies of the Content.

8.3 You are responsible for ensuring the security of the computer environment from which you access the Service.

8.4 You will ensure that any information you provide to Cofunds in connection with the use of the Service is to the best of your knowledge complete, accurate and up-to-date.

8.5 You agree to indemnify Cofunds for any loss, damage, cost or expense incurred by Cofunds as a result of any third party accessing the Service via use of your Security Details with your knowledge, or as a result of your negligence, or wilful default.

9. LINKS

9.1 The Service may contain Links to, and from, Third Party Sites, over which Cofunds has no control. The provision of a linked site is not evidence of any endorsement by us of the material held there . Cofunds do not accept any responsibility for information contained in Third Party Sites, or any link contained in a linked site, or for any material when you leave this website (whether knowingly, or not). Companies independent of Cofunds, who may not be regulated to conduct investment business, have produced the information and services offered within these Third Party Sites.

9.2 Where possible, Cofunds will make it clear where Links to Third Party Sites are being made, though Third Party Sites may be co-branded with Cofunds and so include Cofunds trademarks.

9.3 Any information, views or opinions accessed via Links from the Service are solely those of the relevant provider and are not necessarily shared by Cofunds. As such, Cofunds accepts no responsibility.

10. LIMITATION OF LIABILITY

10.1 Cofunds use reasonable skill and care in selecting the providers of the Content and providing secure access to the Content and Transactions. Due to the inherent nature of the Internet, however, and the number of sources from which Cofunds obtains the Content, Cofunds does not give any warranties, express or implied, or make any representations as to the accuracy, adequacy or ability to access, or any delay in access, security of access, suitability or security of use of any Content.

10.2 Cofunds does not accept any responsibility and will not be liable for any failure in the operation of the Service, which arises as a result of any error in data transmission, or machine, or software malfunction, or from your operating error (other than any such failure arising as a result of Cofunds negligence, fraud, or wilful default).

10.3 You acknowledge that a Service Disruption Event may prevent your uninterrupted access to the Service. Non-performance by Cofunds of its obligations under this Agreement will not amount to a breach of this Agreement, where such non-performance results directly or indirectly from a Service Disruption Event.

10.4 Cofunds make no warranty, or representation that the Service can be accessed at all times. The Service, or any part of it may be temporarily unavailable, or restricted for administration, or other reasons. Save where required to do so by law, Cofunds does not accept any responsibility and will not be liable for any loss or damage arising out of, or in connection with, the unavailability of the Service or withdrawal of any part of it.

11. TERMINATION

11.1 Cofunds may terminate your right to use the Service to access and use the Content and conduct Transactions at its absolute discretion by: -

11.1.1 giving you 60 days prior written notice at any time; or

11.1.2 giving you notice which will be effective immediately if you are in breach of the terms of this Agreement, or

11.2 If you nominate an alternative adviser, access to the service will be terminated immediately. (You may, however, register the Service with your newly nominated adviser, provided they offer it).

11.3 You may terminate your right to use the Service by giving notice in writing to Cofunds at our administration address: PO Box 1103, Chelmsford CM99 2XY. Upon receipt, your written instruction will be processed without undue delay.

11.4 On termination of this Agreement, your right to access the Content and conduct Transactions, if relevant, will cease.

12. VARIATION

12.1 Cofunds reserve the right to vary the terms of this Agreement from time to time by posting an amended version of this Agreement on the Service.

12.2 We may, where we consider it appropriate for you or your protection, suspend, withdraw or restrict the use of the Service, or any part of it. We will tell you as soon as practicable if we take such action.

12.3 You will be able to access this Agreement via a link from each page on the Service showing the date this Agreement was last updated. Please revisit this Agreement from time to time to check for changes. Use of the service implies your acceptance of the current Conditions of use for the Service.

13. WAIVER

The failure, or delay by a party to, or enforce any obligation under this Agreement is not a waiver of that right nor will it bar enforcement of that obligation (or any similar or other obligation) at that time or at any subsequent time.

14. SEVERANCE

If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from this Agreement and shall be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this shall not affect any other provisions of this Agreement which shall remain in full force and effect.

15. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Last updated 21/09/2013

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