1. INFORMATION ABOUT US
www.plainenglishfinance.co.uk is a site owned and operated by Plain English Finance Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 07503422 with our registered office at XXXXXXXXXX. We are authorised and regulated by the Financial Conduct Authority (FCA) registration number FRN 564876. Some, but not all, of the services we provide are regulated by the FCA.
2. ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4 When using our site, you must comply with the provisions of our acceptable use policy.
2.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. ACCEPTABLE USE POLICY
3.1 You may use our site only for lawful purposes. You may not use our site:
3.1.1 in any way that breaches any applicable local, national or international law or regulation; or
3.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3.2 You also agree:
3.2.1 not to reproduce, duplicate, copy or re-sell any part of our site, including without limitation any content available on our site, in contravention of the provisions of these terms; and
3.2.2 not to access without authority, interfere with, damage or disrupt:
(a) any part of our site; or (b) any software used in the provision of our site.
3.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. 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 we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3.4 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 our site or to your downloading of any material posted on it, or on any website linked to it.
4. UPLOADING MATERIAL TO OUR SITE
4.1 We encourage the sharing of information on our site, but when you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the standards set out in our acceptable use policy included in clause 3 above.
4.2 You undertake not to:
4.2.1 post any material on our site: (a) that infringes the intellectual property rights or other rights of third parties; (b) that is unlawful, obscene, defamatory, abusive or inappropriate as determined by us in our sole discretion; (c) which constitutes an advertisement for or solicitation of business; (d) that disguises the IP address of the connection used to post any message; (e) exposes us to any liability or detriment of any type; or (f) intentionally makes false or misleading statements about investments, their price or their prospects;
4.2.2 after receiving a warning, continue to disrupt the flow of dialogue, or post or transmit unrelated comments; 4.2.3 harvest or otherwise collect information about others, including email addresses, without the explicit consent of us and the person concerned; 4.2.4 engage in conduct that restricts third parties from using or enjoying our site; 4.2.5 give investment advice by way of business or make financial promotions.
4.3 The posting of any information on our site by a site user is the opinion of the person posting only and no way reflects our opinions or attitudes. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
4.4 We do not monitor the use of our forums, so we rely on you to inform us if you witness any inappropriate behaviour in our forums. If you feel that any of your rights have been infringed by any third party content on our site, please contact us at firstname.lastname@example.org.
4.5 We have the right to, but shall not be obliged to, remove any material or posting you make on our site, if in our opinion, such material does not comply with the requirements set out in this clause or our acceptable use policy included in clause 3 above.
4.6 Any decision to remove or request removal of any communication or to suspend posting privileges of any user shall be final and binding and you shall not reregister as a new user of our site.
4.7 If a user does not comply with our terms, we reserve the right to:
4.7.1 suspend their access to our site; 4.7.2 report the user to their internet service provider; 4.7.3 charge offenders our reasonable administrative costs for identifying and removing any offending posts; and 4.7.4 take any relevant legal action.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The intellectual property rights in the content of our site (including all website design, text, graphics, logos, the selection and arrangement thereof and all software compilations, source code, software and other material) and any references to our company name are owned, as between you and us, by us. Those works are protected by intellectual property laws and treaties in the UK and around the world. All such rights are reserved.
5.2 As between you and us, you shall own the copyright in any posts, text, information and/or referrals that you may make to the forums on our site. When you post any text to this site, you expressly grant us a perpetual, unlimited free licence to republish that text on our site and to redistribute/make available and/or sell that text in print or electric form anywhere in the world.
5.3 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
5.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.5 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.6 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. RELIANCE ON CONTENT
6.1 The contents of our site including, but not limited to, any articles, databases, forums, blogs and all other features of the site may be regulated or unregulated. The unregulated content of our site is for information purposes only and does not constitute an offer or solicitation to any person in any jurisdiction to purchase or sell any investment. The unregulated content on our site should not be construed as providing financial, investment or other professional advice and should not be relied on by you in making (or refraining from making) any specific investment or other decisions.
6.2 We may provide you with advice on investments and we may also make arrangements for you to act on our published advice. The provision of these services will form the regulated content of the site and, for the purposes of FCA rules, you will be treated as a “retail client” in this regard.
6.3 The advice we may provide on the site is generic, is not personal to you and does not take account of your personal circumstances. In providing any advice, we do not assess the suitability or appropriateness of any investment in light of your personal circumstances (including your knowledge and understanding, financial strength, tax liability or appetite for risk).
6.4 Any advice should also be interpreted in light of the risk warnings contained within it and to the extent that any advice has not been tailored for your particular circumstances, we would advise you to seek specific professional advice.
6.5 The materials, figures and information contained in the unregulated content are to the best of our knowledge, correct at the time they are posted and do not omit anything likely to affect the import of such information. All materials, figures, and information contained in the unregulated content are provided “as is”. In relation to the unregulated content, we disclaim to the fullest extent of the law, all implied or express warranties, terms and conditions implied by case law, statute or otherwise including but not limited to implied warranties of merchantability, reliability, accuracy and fitness for a particular purpose.
6.6 If you are dissatisfied with our handling of a complaint relating to the regulated content, you may be entitled to refer the matter to the Financial Ombudsman Service (see www.financial-ombudsman.org.uk for more information in this regard). Details of our complaints handling process in relation to the regulated content of our site are available on request from email@example.com
6.7 We are covered by a Financial Services Compensation Scheme (the “FSCS”) established under the Financial Services and Markets Act 2000 (“FSMA”) in respect of the regulated content of the site. The scheme provides compensation in certain circumstances where an FCA authorised firm (such as us) is providing investment services as part of the regulated content of the site and is unable to meet its liabilities to clients. Further information about the FSCS, the limits on the amounts that may be claimed under the scheme and those who are eligible claimants under the scheme may be obtained from our Compliance Officer on firstname.lastname@example.org or from:
The Financial Services Compensation Scheme, 7th Floor, Lloyds Chambers, 1 Portsoken Street, London EI 8BN. Tel: +44(0)20 77414100 or 0800 6781100; Fax: +44(0)20 78927301.
6.8 Our site is only intended for use by people resident in the United Kingdom.
6.9 We do not accept any liability for losses, costs, expenses, causes of action or damages, whether direct, indirect or consequential, arising from the use of or reliance on, or inability to use or access, the information contained in our site or for any errors or omissions created by any third party even if we or our authorised representatives have been advised of the possibility of such losses, costs, expenses or damages. This limitation applies only as far as the law permits and, in particular, we do not intend to affect the duties and liabilities we may owe under the FSMA or the rules and regulations for the conduct of business under that Act.
6.10 Without prejudice to the above, in no event will our liability to you for damages, losses, costs, expenses and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount you paid, if any, for accessing our site. Nothing shall exclude or limit our liability for death or personal injury arising from its negligence, fraudulent misrepresentation or any other matter which cannot be excluded or limited under applicable law. This limitation applies only as far as the law permits and, in particular, we do not intend to affect the duties and liabilities we may owe under FSMA, the rules of the FCA contained in the FCA Handbook or the rules and regulations for the conduct of business under FSMA.
7. OUR SITE CHANGES REGULARLY
7.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
9. LINKS FROM OUR SITE
9.1 Where our site contains links to other websites, this does not constitute an offer or solicitation to any person in any jurisdiction to purchase or sell any investment referred to in those other websites and does not constitute financial, professional or investment advice in relation to such investments. The links included in our site are to websites that in our personal opinion, are helpful or may be of interest to you but we cannot guarantee the accuracy, completeness, reliability or suitability for any purpose of the information, products or services provided by these organisations or their websites. Accordingly, we expressly disclaim any responsibility for the content of these other websites, these websites being available at all times, the accuracy of the information on these websites or the quality of products or services provided by the organisations that maintain them. Please note when you click on a link to another site, you will leave our site and access the other website at your own risk. You take full responsibility for using that information, verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you purchase products or services from another website, please read their contract carefully, as your contract will be with the third party and not with us.
9.2 Some of the links on our site are affiliated links. These are links which take you directly or indirectly to a third party product or service provider that may result in us receiving a fee or commission from such third parties, as a consequence of you clicking through to their site or purchasing a product or service from them.
9.3 You should be aware that when you use other websites, any personal information you give to them will be dealt with in accordance with their privacy policies. You should therefore ensure that you read their privacy policies before using them.
10. LINKS TO OUR SITE
10.1 You may link to our site if you comply with the terms and conditions set out in this clause and all applicable laws. Any site or service that links to our site:
10.1.1 can display a link to our site, but must not use our trade names or logos without our prior written consent; 10.1.2 must not alter, remove or amend the size or appearance of our logo; 10.1.3 must not in any way imply that we are endorsing it or its products or services; 10.1.4 must not be a site or infringes a site or service that infringes the intellectual property rights on any other person or otherwise that does not comply with all relevant laws and regulations; and 10.1.5 must not be a site that contains content that could be considered offensive, illegal or inappropriate. If you breach any of these terms, then we have the right to require that your link is removed from your site and to take any other action that we think is appropriate.
11. OUR LIABILITY
11.1 We do not warrant that the functions contained in our site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are always free from viruses or other harmful components and all such warranties, express or implied, are excluded to the fullest extent permissible by applicable law. Access to our site is available on a temporary basis. We reserve the right to withdraw or amend the website in any way without notice. Access to our site is not guaranteed and we will not be liable if, for any reason, the site is unavailable at any time or for any period of time.
11.2 Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties or any kind express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on our website for any purpose.
11.3 Nothing in clauses 11.1 or 11.2 shall limit the duties and liabilities we may owe in respect of the regulated content of the site under FSMA, the rules of the FCA contained in the FCA Handbook or the rules and regulations for the conduct of business under FSMA.
11.4 To the extent permitted by law (including, without limitation, FSMA, the rules of the FCA contained in the FCA Handbook and the rules and regulations for the conduct of business under FSMA):
11.4.1 we hereby expressly exclude all conditions, warranties and other terms which might be implied by statute or otherwise; and 11.4.2 we are not responsible for indirect losses or damage which happen as a consequence of the main loss or damage and which are not foreseeable by you and us.
12.1 If any of these terms and conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. VARIATION OF THESE TERMS
13.1 We have the right to revise and amend these terms and conditions from time to time, provided that we notify you of any such changes.
14. LAW AND JURISDICTION
15. CONTACT US
15.1 If you require to contact us at any time or you wish to provide us with comments or suggestions on any of the content or service provided on our website, please contact us by email at the following address: email@example.com