JG Digital Terms & Conditions

These Terms & Conditions apply to all Websites, which are owned and operated by JG Digital, by accessing any of the Websites, you are agreeing to abide and be bound by such Terms and Conditions.

No charge is made for your use of the Websites (unless otherwise stated), although you should be aware that telephone call charges, at rates determined by your telephone operator, may apply.

Definitions

In these Terms and Conditions the following terms shall have the meanings set out below:

• “Micro Site” means any page on a Website;
• “JG Digital” is a trading name of Julia Giles, Website Designer & Developer.
• “JG Digital” means JG Digital (whose registered office is 5 Brasenose Close, Fareham, Hampshire PO14 4RB), and is also referred to as “we”, “us” and “our”.
• “Websites” means the websites with their home pages as set out below (and “Website” means any one of them)and any other site or web address owned or operated by a member of JG Digital as may link to these Terms and Conditions from time to time.
• “Content” All material on the Websites and any material sent to you by e-mail or any other form from the Websites

Acceptable Use Policy

You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.

All material on the Websites and any material sent to you by e-mail or any other form from the Websites (the “content”) or in any way relating to the Websites belong to our licensors or us. You may retrieve and display content from the Websites but only in strict accordance with our terms of supply with you.

You may not do any of the following without prior written permission from us:

•          reproduce other than allowed under the Acceptable Use Policy, modify any of the content including research material distributed to you from our research department;

•          you may commercially exploit research material sent by our research department for use in your dealings with your end customers but you may not sell or let any person have copies of research materials except in the course of providing information to them as a financial adviser or an insurance intermediary

•          redistribute any of the content (including using it as part of any library, archive or similar service);

•          remove the copyright or trade mark notice(s) from any copies of content;

•          create a database in electronic or structured manual form by systematically downloading and storing all and any of the content.

You may not use our trademarks unless you are contracted to us as an intermediary, without our prior written permission, and then only in accordance with the rights you have been granted. Other product and company names and logos mentioned or displayed in the Websites may be the trademarks, service marks or trading names of third parties.

In accessing the Websites, or any one of them, you agree not to:

•          impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;

•          modify, access or make available data stored on a computer device which you have accessed through our network;

•          make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (eg names/addresses) without their prior consent;

•          damage, interfere with or disrupt access to the Websites or do anything which may interrupt or impair their functionality;

•          make any commercial or business use of the Websites or resell or commercially benefit from any part or aspect of the Websites;

•          publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;

•          threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

•          make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;

•          falsify the true ownership of software or other material or information contained in files made available via the Websites;

•          obtain or attempt to obtain unauthorised access, through whatever means, to the Websites, other services or computer systems or areas of our or any of our partners’ networks;

•          set up links from any website controlled by you to any Micro Site, except to the home page of a particular Website, without our express written permission;

•          abuse or misuse the Websites in any other way;

•          assist others to do any of the above.

We retain the absolute right to prevent you from accessing the Websites, without prejudice to any of our accrued rights, where we in our sole discretion consider it right to do so or we consider in our sole discretion that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions.

Registration

Where any of the Websites (or Micro Sites on any of the Websites) require that you register in order to use them, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address).

Registration is for a single user only. On registration, where required, you will be issued with a user name and password.

We do not allow any of the following:

•          any other person sharing your user name and password;

•          access through a single user name and password being made available to multiple users on a network.

Should a user forget their password, a new one will have to be created. Existing passwords are not visible to any member of JG Digital staff.

E-mail Policy

We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail (“e-mail”) which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.

Intellectual Property Rights

We, or our licensors, own the copyright and all other intellectual property rights associated with the content save where otherwise stated.

Nothing in these Terms and Conditions or in respect of your use of the content, the additional services and/or any third party services shall vest any intellectual property rights in such services in you. You have no right or licence to modify, enhance, alter, change or create any derivative works in respect of any of the content in which intellectual property rights subsist in respect of the Websites, any additional services and/or any third party services. Should you use any intellectual property rights subsisting in any content or any third party services other than in accordance with these Terms and Conditions, any intellectual property rights subsisting in any content created as a result shall vest in the JG Digital or the relevant third party (where it owns the intellectual property rights in the underlying material).

You shall take all reasonable steps to assist us and any third party licensor in the protection of intellectual property rights associated with the content in a prompt and timely manner at your sole cost and expense, including:

•          notifying us immediately if you become aware of the misuse of the content, any user name and/or password in any way by any third party; and

•          notify us immediately if any third party makes or threatens to make any claim or legal proceeding relating to your use of the content.

Liabilities

You agree that we have no control over third party content and information which can be accessed using the Websites and that we do not examine or edit the use to which you or others put the Websites or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that except for death or personal injury arising through our negligence, to the fullest extent permitted by law, we exclude any liability whatsoever for any loss or damage arising from use of the Websites.

We take all such steps as are reasonably necessary to provide a fast and reliable website, but exclude to the fullest extent permitted by law any liability for the security of the services on the Websites or for any disruption of the Websites however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.

We provide access to the Websites on an “as is” basis and make no representations or warranties of any kind as to the Websites or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Websites. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

A person who is not a party to this Agreement may not exercise any rights under the Contracts (Rights of Third Parties) Act 1999.

Indemnity

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Websites and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.

Software and Security

We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.

Changes to these Terms and Conditions

We reserve the right to make changes to any part of the Websites. Due to our policy of updating and improving the Websites, it may therefore be necessary to change these Terms and Conditions.

If you use any of the Websites after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Websites.

Advertising and Sponsorship

The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.

We do not allow third parties to use cookies if they advertise on our Websites and microsites. If you suspect or have reason to believe that an advertiser has used a cookie or any invisible processing in conjunction with an advertisement please let us know.

Competitions, Prize Draws and Chargeable Content

We may from time to time run competitions, free prize draws and/or other promotions on the Websites. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

Termination

We may terminate the provision of any of the Websites or restrict your access to them without any prior notice to you where (by way of example and without limitation):

•          there is a regulatory or statutory change limiting our ability to provide a Website;

•          any event beyond our reasonable control prevents us from continuing to provide a Website; or

•          we consider in our sole discretion that it is necessary to do so or you are otherwise acting in breach of these Terms and Conditions.

Additional Services

From time to time we may provide services through the Websites and microsites however, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.

E-commerce

Your dealings with any third parties, in particular advertisers and/or merchants, via the Websites, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to in clause 6 above in relation to such dealings.

Fees

We do not provide banking services. Depending on the nature of the services, we will charge on a fixed fee basis or on the basis of an hourly or daily rate. All fees are calculated on a case by case basis.

We will invoice you in advance of carrying out any work for you. The invoice may be for part or all of the work you have asked us to undertake. Payment terms are 20 days.

If you change your instructions for the work significantly after we have started working on your requirements, we will review the initial estimate we gave and may charge additional fees.

Maintenance and Support Packages

Maintenance and Support Packages will be for an initial period of 12 months from the commencement date. Either party will have the right to terminate the contract by giving at least 30 days notice in writing to the other party to expire at the end of the initial period or at any time after that.

Either party may terminate this contract by written notice to the other at any time if that other party:

(a) commits a breach of this contract and, in the case of a breach capable of remedy, he fails to remedy the breach within 14 days of being required to do so in writing; or

(b) becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed.”

Fees for Maintenance and Support Packages

We do not provide banking services. Depending on the nature of the package selected, we will charge on the basis of a monthly or hourly rate. All fees are calculated on a case by case basis.

We will invoice you at the beginning of the month to be maintained or supported. The invoice may be for part or all of the work in the package you have asked us to undertake.

Payment for maintenance and support packages is to be made by direct debit or bank transfer on the first of the month to be maintained or supported. We will not undertake any work for the selected package until payment has been received.

An example, for the month of January, payment is due on the 1st of January. For the month of February, payment is due on the 1st February.

Late Payment for Maintenance & Support Packages

Payment is due on the 1st of the month for maintenance and support packages for the month to be maintained and supported.

Please be aware that we will add an additional charge for late payment of 1.5% interest per month on late invoices.

Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England Wales and you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions.

Confidentiality

Throughout the duration of these Terms and Conditions and after the termination or expiry of these Terms and Conditions for any reason, you:

•          shall not use any information disclosed (whether in writing, orally or by another means and whether directly or indirectly) by us to you at any time including information relating to or derived or made available through the content (including operations, processes, plans or intentions), know-how, design rights, trade secrets, market opportunities and business affairs which are marked as being ‘confidential’ or which you ought to treat as being confidential by virtue of their nature or the nature of their disclosure (the “Confidential Information”) for a purpose other than the performance of your obligations under these Terms and Conditions;

•          shall not disclose Confidential Information to any person except with our prior written consent; and

•          shall make every effort to prevent the use or disclosure of Confidential Information.

You shall ensure the security of all Confidential Information by taking all reasonable steps to keep it secure including establishing and adhering to suitable internal procedures to ensure that all information is correctly stored and is not accessible by third parties who are not permitted to access such information in accordance with any data protection legislation. You shall immediately notify us if you become aware of any breach of this clause.

General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.

Contact

If you have any queries concerning any part of these Terms and Conditions please contact us by email, using the address indicated in the Website to which your query relates.

Cookies

This section contains an overview of privacy on these Websites for more detail you must review and read these Terms and Conditions in conjunction with our Privacy Policy.

We use Cookies on our websites and microsites, primarily to help you navigate around the Websites. These are so-called session cookies and are temporary. A cookie is a small file that can be placed on your computer’s hard disc for record keeping purposes. They can be used to recognise you when you next visit one of our Websites. Cookies may be used to compile anonymous statistics related to use of services and patterns of internet browsing. We compile anonymous statistics through the cookies we use, but no personally identifiable information is gathered as part of this process.

If you wish to disable cookies, you can do so using your web browser’s privacy settings. If you need assistance, please refer to your web browser’s help menu.

Data Protection

You and your Authorised Users shall comply with any obligations under the Data Protection Act 1998 (the “DPA”) and any applicable regulations in respect of any Personal Data and Sensitive Personal Data (as defined under the DPA) (the “Data”) which you or your Authorised Users submit to us.

Your Authorised Users acknowledge that you may appoint an administrator who has the ability to view their use of the Portal and they hereby consent to us permitting you to do so.

You will upon reasonable request permit us or one of our nominees to access your records so as to verify the transmission or content of the information provided by your use of the Portal.

You and your Authorised Users expressly authorise us and we shall be entitled to pass details about you and your Authorised Users (including their Data) to other companies as part of a database of independent financial advisers compiled by us and made available to such third parties which we currently call ‘Data Packs’.