1. Mercier Allen & Associates User Terms
1.1 In accordance with the following user terms (‘Mercier Allen & Associates User Terms’), the Independent Financial Adviser (“Mercier Allen & Associates”) listed at the top of these User Terms (whose details are available via this link) grants to you as an authorised user (‘you’) of this site (‘Website’) certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Mercier Allen & Associates Ltd is an appointed representative of In Partnership the trading name of The On-Line Partnership Limited which is authorised and regulated by the Financial Conduct Authority for investment business in the UK. If you wish to verify the authorisation of Mercier Allen & Associates you may do so by conducting a free on-line search of the Financial Services Register.
1.3 Please read these Mercier Allen & Associates User Terms carefully. They are a legal document and, by your continued use of the Website, you agree to be bound by these Mercier Allen & Associates User Terms.
1.4 If you do not agree with these Mercier Allen & Associates User Terms and do not wish to be bound by them, please exit this Website and do not use the Website in the future.
1.5 Any goods and services (“Merchandise”) offered for sale by companies other than Mercier Allen & Associates (“Third Party Content Providers”) via third party web sites linked to this Website are subject to separate terms and conditions between you and the applicable Third Party Content Provider. You acknowledge that the applicable Third Party Content Provider (and not Mercier Allen & Associates) is solely responsible for the fulfillment of orders for any merchandise and for its quality, suitability, and fitness for purpose. Any disputes or questions relating to the Merchandise must be directed to the Third Party Content Provider in question and you acknowledge that Mercier Allen & Associates shall have no responsibility, obligations or liability in relation to the Merchandise.
1.6 If you register for any competition offered by this Website, the competition rules set out at Clause 8 below shall apply in addition to the remainder of these Mercier Allen & Associates User Terms.
2. Licence to Use Material on Website
2.1 Mercier Allen & Associates grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Website (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘Mercier Allen & Associates Material’) on the basis set out in Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expresslypermitted in these Mercier Allen & Associates User Terms) and store the Mercier Allen & Associates Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the Mercier Allen & Associates Material;
2.2.2 modify, translate, reverse engineer, reproduce, de-compile, disassemble (except as expressly permitted by law) or create derivative works of any of the Mercier Allen & Associates Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the Mercier Allen & Associates Material in any form, to any person or entity without the prior written consent of Mercier Allen & Associates.
2.3 Any product, process or technology referred to in the Mercier Allen & Associates Material may be subject to other intellectual property rights of Mercier Allen & Associates and are not made available here under.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, Mercier Allen & Associates or other third parties which licence such material to the Mercier Allen & Associates, retain their ownership, title and interest in the intellectual property rights contained in the Mercier Allen & Associates Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether register able or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether register able or not in any jurisdiction in the world.
3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material which may be sent via any chat services, bulletin boards, competitions or articles submitted for publication or similar services offered via this Website (“Website Services”) on the Website or in using any of the Website Services (“User Generated Content”) may be retained as the property of Mercier Allen & Associates. Mercier Allen & Associates shall have no obligations with regard to the User Generated Content, or monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
3.3 Mercier Allen & Associates may have trademarks in its name. All other product names and company logos mentioned in the information, documents or other items provided or available on this Website may be the trademarks of their respective owners.
4. Duration of Mercier Allen & Associates User Terms and Termination
4.1 These Mercier Allen & Associates User Terms are binding upon you immediately. You accept them by your use of this Website, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 Mercier Allen & Associates terminates these Mercier Allen & Associates User Terms by notice to you at any time in accordance with Clause 10.2;
4.1.3 you terminate these Mercier Allen & Associates User Terms by notice to Mercier Allen & Associates at any time in accordance with Clause 10.1.
4.2 In the event that these Mercier Allen & Associates User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Mercier Allen & Associates Material;
4.2.2 you must delete or destroy any of the Mercier Allen & Associates Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Website or the Website Services.
5. Mercier Allen & Associates’ Responsibilities
5.1 Mercier Allen & Associates undertakes to use commercially reasonable endeavours to prevent breaches of security of the Website.
5.2 Mercier Allen & Associates makes no representation or warranty that the Website or Website Services will be accessible, or useable by you or error free. Mercier Allen & Associates uses reasonable efforts to include accurate and up-to-date information on the Website. The information, documents or other items provided or available on this Website could include technical inaccuracies or typographical errors. Mercier Allen & Associates makes no warranties or representations as to its accuracy. Mercier Allen & Associates assumes no liability or responsibility for any errors or omissions in the content on the Website.
5.3 Mercier Allen & Associates reserves the right, without notice to you, to remove any Mercier Allen & Associates Material from the Website or to suspend or alter the operation of the Website or any Website Services, at its sole discretion or for legal or technical reasons. Mercier Allen & Associates will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. Mercier Allen & Associates may make improvements and/or changes to the information or documents provided or available on this Website at any time.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Website or any Website Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Website or any of the Website Services using your user name or password.
6.2 You agree that you will not use the Website or any of the Website Services as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry;
6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or
6.3 You agree to indemnify Mercier Allen & Associates against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or Website Services in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, Mercier Allen & Associates shall be entitled to treat the contravention as a material breach of these Mercier Allen & Associates User Terms and terminate the Mercier Allen & Associates User Terms and any access permission granted to you by Mercier Allen & Associates forthwith, without notice to you.
7. Consent to Use of Your Personal Information
8. Competition Rules
8.1 All competitions offered by Mercier Allen & Associates from this Website (“Competitions”) are only open to United Kingdom residents who are aged 18 or over (“Entrant”).
8.3 By registering for any Competition you accept these Competition rules (together with any rules relating to a particular Competition posted on the Website by Mercier Allen & Associates) (“Competition Rules”). You also agree to allow your name to be published on the Website if you are a prize winner.
8.4 Prizes are as stated in the competition details on the Website. Mercier Allen & Associates will not offer cash alternatives to prizes offered. Prizes are allocated randomly from correct entries received. The Judge’s decision is final and no correspondence will be entered into. Winners will be notified by post or e-mail after the closing date given for the Competition, when Mercier Allen & Associates will give details of how and when you can claim your prize. Although every effort will be made to supply the prizes stated, Mercier Allen & Associates cannot guarantee that the particular prizes will be available and an equivalent prize may therefore be offered.
8.5 No responsibility can be accepted by Mercier Allen & Associates for any delayed, lost or misplaced entries, and incomplete or illegible entries will be disregarded.
8.6 A full list of prize winners and Competition Rules is available from the Mercier Allen & Associates in accordance with Clause 8.4.
9.1 You accept that it is reasonable that, to the maximum extent permitted by law, all representations,
conditions, warranties and other terms whether implied by statute, common law, course of dealing or
otherwise are excluded.
9.3 Mercier Allen & Associates hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential loss or damages caused by errors or omissions in the information or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
9.4 To the extent that Mercier Allen & Associates is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Website or the Website Services, Mercier Allen & Associates’s entire liability shall be limited to £1,000 (one thousand pounds) for any one incident or series of related incidents and up to £5,000 (five thousand pounds) for all incidents in any period of 12 months.
9.5 This Website may contain links to third party web sites which are controlled and operated by parties other than Mercier Allen & Associates (“Third Party Consent Providers”). The links will let you leave the Website and Mercier Allen & Associates is not responsible for any contents of any linked web site or any link contained in a linked web site. The inclusion of any link on the web site does not imply endorsement by Mercier Allen & Associates of the linked web site or products or services offered via the linked web site. If you decide to access linked third party web sites, you do so entirely at your own risk. Mercier Allen & Associates is providing these links only as a convenience, and the inclusion of any links does not imply endorsement by Mercier Allen & Associates of the web site or its contents.
10.1 You may send a legal notice to Mercier Allen & Associates, or any questions you may have concerning these Mercier Allen & Associates User Terms by contacting Mercier Allen & Associates via this link. Such notices will be effective within 3 days of receipt by Mercier Allen & Associates.
10.2 Mercier Allen & Associates may send you notice by general notice on this Website, by e-mail to your e-mail address on record with Mercier Allen & Associates, or by post to the geographical address on record with Mercier Allen & Associates. Such notice will be effective if sent by e-mail or posted on the Website, 1 day from the date it was sent or posted on the Website. If sent by regular post, it will be effective 3 days after posting by Mercier Allen & Associates.
11.1 Mercier Allen & Associates reserves the right to add to or change the terms of these Mercier Allen & Associates User Terms in its sole discretion without prior notice to you. All changes to the Mercier Allen & Associates User Terms will be effective once posted on the Website. Mercier Allen & Associates will provide notice of the changes to the Mercier Allen & Associates User Terms for a reasonable time after posting the amended Mercier Allen & Associates User Terms on the Website. Your continued use of the Website or the Website Services following Mercier Allen & Associates’s posting of such changes will be regarded by Mercier Allen & Associates as acceptance of the amended Mercier Allen & Associates User Terms. If you do not agree to be bound by the amended Mercier Allen & Associates User Terms you should exit the Website and not access or use the Website in the future.
11.2 If any part of these Mercier Allen & Associates User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Mercier Allen & Associates User Terms will not be affected.
11.3 If Mercier Allen & Associates is unable to perform any obligation under these Mercier Allen & Associates User Terms because of a matter beyond
its reasonable control (including but not limited to); fire, flood, war, explosion, civil disorder, or other disasters or governmental laws or regulations imposed after the fact, or events beyond the reasonable control of Mercier Allen & Associates, Mercier Allen & Associates will have no liability for that failure to perform.
11.4 Any person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.5 Unless otherwise specified on this Website, the Mercier Allen & Associates Materials available on this Website are directed solely at those who access the Website from the United Kingdom. Mercier Allen & Associates makes no representation that any Mercier Allen & Associates material is appropriate for use elsewhere, or available in other locations. Those who choose to access this Website and the Website Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
11.6 These Mercier Allen & Associates User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.