| Dynamic
Planner is a relatively easy-to-use web based Financial Planning Tool.
It will enable you to construct your personal financial plan and allows
you to print out a comprehensive report. We will be pleased to advise
you further if required. |
| |
| Nigel
Bourke & Co |
| TERMS
AND CONDITIONS OF USE OF DYNAMIC PLANNER |
| |
|
| 1. |
ACCESS
TO THE DYNAMIC PLANNER TOOL |
| 1.1 |
‘We’,
‘Our’ or ‘Us’ means Nigel Bourke & Co,2
Yarm Road, Stockton |
| 1.2 |
‘You’,
means you the user of the Tool, as an existing or potential client of
Nigel Bourke & Co |
| 1.3 |
By
clicking the “Agree” icon below or by using the Dynamic Planner Tool
("the Tool"), you agree to the following terms and conditions. If you
do not wish to be bound by these, please click “Cancel” below. |
| 2. |
OUR
TERMS OF BUSINESS |
| 2.1 |
You
have read and accept our Terms
of Business and understand that this service is being made available
by us. |
| 3. |
NOT
FINANCIAL ADVICE |
| 3.1 |
You
understand and agree that this Tool is designed to provide you with
information, education, analysis and general guidance on your financial
situation but it does not provide specific recommendations that you
should act upon and does not provide financial advice. We do not accept
any responsibility for any action you may take as a result of using
the Tool. If you need financial advice please contact us. |
| 3.2 |
The
Tool is intended for customers in the United Kingdom only. Accessing
the Tool from outside the United Kingdom may be against the law in the
country concerned and is not permitted. |
| 3.3 |
You
acknowledge that under no circumstances shall any third party developer
or host of the Tool have any liability to you for the service provided
by us to you in connection with the Tool (including the provision of
financial advice). |
| 4. |
SERVICE
PROVISION |
| 4.1 |
The
Tool is provided on an ‘As Is’ basis with all faults and no guarantee
of satisfactory quality, timeliness, performance or accuracy. You acknowledge
that because of the nature of the Internet the services may not be accessible
when needed and that information transmitted over the Internet may be
subject to interception and modification by third parties. We disclaim
to the fullest extent allowed by law any and all warranties express
or implied, including but not limited to the quality, fitness for purpose,
timeliness, accuracy or completeness of the Tool. |
| 4.2 |
We
reserve the right at any time and from time to time to modify, discontinue,
temporarily or permanently suspend the Tool (or any part thereof) with
or without notice and you agree that we will not be liable to you or
any third party for any such modification, suspension or discontinuance.
|
| 4.3 |
You
shall:
(a) Only use the Tool for your own personal use;
(b) not obtain or attempt to obtain access to or interfere with any
programs or data;
(c) not attempt to reverse-engineer, decompile, translate, disassemble
or separate the components of the Tool;
(d) ensure that any data you enter will not contain anything which infringes
third party rights, is libelous, indecent, obscene or defamatory;
(e) Except as is set out in this Agreement or as is otherwise permitted
by law you are strictly forbidden from using the Tool in any circumstances,
and without limitation, shall not sub-contract, sub-license or resell
the Tool. |
| 5. |
YOUR
DATA |
| 5.1 |
The
Tool is operated by a third party, who will process your data, before
returning it to us or providing us access to it. This third party shall
acquire no rights or interest in your data other than as set out elsewhere
in this agreement or in the Privacy Agreement. In addition (other than
as set out elsewhere in this agreement or in the Privacy Agreement)
your data will only be used for the purpose of providing the services
set out in this agreement, and shall not be used for any other purpose,
or shared, disclosed, sold, or made available to any third party. |
| 5.2 |
We
are registered under the Data Protection Act and will maintain this
registration for the duration of this Agreement. |
| 6. |
LIABILITY
AND INDEMNITY |
| 6.1 |
Except
as is set out in Clause 6.4 below, we shall not be responsible to you
in connection with this Agreement in contract, tort (including negligence)
or otherwise for any:
(a) and all third party losses, claims, damages, costs, charges, expenses,
liabilities, demands, awards, proceedings and actions ("Losses") which
you may sustain or incur arising out of, the negligence, wilful default
or fraud of us, our officers, employees or agents;
(b) financial loss; or
(c) indirect or consequential damages |
| |
except
where such losses arise as a result of fraud on the part of us or any
of our employees, agents or sub-contractors. |
| 6.2 |
You
agree to fully indemnify and keep us, our employees agents and affiliates,
fully indemnified from and against all actions, liabilities, claims,
actions, expenses (including legal fees) whatsoever arising from the
information you have provided to us and your use or misuse of the Tool. |
| 6.3 |
Notwithstanding
any provision to the contrary within this Agreement we make no attempt
to exclude or limit any liability for death or personal injury that
is caused by our or any other party's negligence. |
| 7. |
ENTIRE
AGREEMENT |
| |
This
Agreement (together with the documents referred to herein) contains
the entire agreement and understanding of the parties and supersedes
all prior agreements, understandings or arrangements (both oral and
written) relating to the subject matter of this Agreement. |
| 8. |
NATURE
OF RELATIONSHIP |
| |
Nothing
in this Agreement shall create or be deemed to create a partnership
between you and us and neither shall have authority or power to bind
the other or to contract in the name of or create liability against
the other in any way or for any purpose save as expressly authorised
by the other from time to time. |
| 9. |
SEVERABILITY |
| |
In
the event that the whole or any part of the terms, conditions or provisions
contained in this Agreement shall be determined invalid, unlawful or
unenforceable to any extent then such term, condition or provision or
part thereof shall be severed from the remaining terms, conditions and
provisions which shall continue to be valid and enforceable to the fullest
extent permitted by law. |
| 10. |
WAIVER |
| 10.1 |
Any
waiver or a breach of any of the terms of this Agreement or any default
hereunder shall not be deemed a waiver of any subsequent breach or default
and shall in no way affect the other terms of this Agreement. |
| 10.2 |
No
failure or delay in exercising any right, remedy, power or privilege
of any party under this Agreement and no course of dealing between the
parties shall be construed or operate as a waiver thereof, nor shall
any single or partial exercise of any right, remedy, power or privilege
preclude any other or further exercise therefore or the exercise of
any other right, remedy, power or privilege. The rights and remedies
provided by this Agreement are cumulative and are not exclusive of any
rights or remedies provided by law. |
| 11. |
NOTICES |
| 11.1 |
Any
notice or other communication to be given under this Agreement should
be sent to; Nigel Bourke & Co, 2 Yarm Road, Stockton on Tees, TS18
3NA |
| 12. |
GOVERNING
LAW |
| 12.1 |
This
Agreement shall be governed by and construed in accordance with the
laws of England and Wales. |
| 12.2 |
The
parties hereto hereby submit to the exclusive jurisdiction of the High
Court of Justice in relation to any claim, dispute or difference that
may arise hereunder. |
| |
Agree
- First time user
Agree - Registered user
Cancel |
