The following terms of service relate to the financial adviser online service (the ‘Service’) published by Athora Ireland plc, a public limited company incorporated in Ireland with company number 346275 and having its registered office at 2nd Floor, IFSC House, Custom House Quay, Dublin, D01 R2P9, Ireland (‘our’, ‘we’ or ‘us’). Athora Ireland plc is authorised by the Central Bank of Ireland and is subject to limited regulation by the Financial Conduct Authority (‘FCA’).
You warrant and undertake that you’ve obtained appropriate authority and consent to access and process the information provided on the Service. Please don’t proceed to access any information on the Service if you’ve not obtained the appropriate authority to do so.
Terms of Service
You acknowledge that:
- your clients may not get back the amount they originally invested;
- the value of investments may fall as well as rise;
- for non-guaranteed solutions, any income resulting from the investments may fall as well as rise;
- past performance is no guarantee of future performance;
- exchange rates may cause the value of investments to go up or down; and
- information contained within the Service is based on our understanding of current taxation law and practice in the United Kingdom (‘UK’) and the Republic of Ireland at the date of publication and is subject to change.
In order to use the Service, your firm will have appointed a representative (the ‘Firm Representative’). This may be you or you may be appointed as the Firm Representative in the future. Clause 9 below contains additional conditions applicable to the Firm Representative. By your acceptance of these terms you agree that for such period as you are granted access to the Service you’ll comply with these terms of service, including clause 5 where applicable, as may be amended from time to time. These terms of service are divided into the following term headings:
- Copyright, trademarks and other intellectual property rights
- Regulated firms
- Information, not advice
- Investment services
- Liability and indemnity
- Terms of service
- Additional terms applicable to Firm Representatives
- Applicable law
- Data protection
In accessing the Service, you undertake and warrant that you’ve obtained appropriate authority and consent to access and process the information that the Service will provide. The Service will give detailed information about some or all policy(ies) or plan(s) serviced by you or your firm with us, including adviser payment statements where commission or an adviser charge is payable to you or your firm in relation to such policy(ies) or plan(s). You may use the Service to generate chargeable event scenario calculations and if you’ve access to the quotes functionality, the Service may also generate online quotes for our product(s) based on information you enter.
You shouldn’t access any information without first having obtained the appropriate authority to do so.
You undertake that by accessing any information on the conditions set out in these terms, you’ll only seek access to such information as is necessary for you to carry out your normal and legitimate business activities.
You undertake to contact our Client Relations team at firstname.lastname@example.org or call us on 0845 600 0173 (if calling from the UK) or on + 353 1 673 8840 (if calling from outside the UK) on the occurrence of any of the following, where applicable:
Your firm and/or you stop acting for your client in relation to any policy or plan to which you have access via the Service. As soon as this happens, you agree that you won’t attempt to gain access to the Service relating to the policy or plan for which your firm and/or you no longer act.
You cease to be an employee or agent of your firm. As soon as this happens, you agree that you won’t attempt to gain access to the Service.
You become subject to disciplinary proceedings or cease to be authorised in accordance with the UK Financial Services and Markets Act 2000 (as amended from time to time) (the ‘Act’) or in accordance with similar or equivalent legislation or regulation in the Channel Islands and Isle of Man. As soon as this happens, you agree that you won’t attempt to gain access to the Service.
2. Copyright, trademarks and other intellectual property rights
Copyright of the information and material and all other intellectual property rights existing on or within the Service are either owned by us or another member of the Athora Group or we are licensed to use it. All rights reserved. You may not use the trademarks, logos or layout without our prior written consent.
The information and material contained within the Service may not be copied, stored, re-published or redistributed, in whole or in part, for commercial purposes or gain, except for the purposes of acting within normal and legitimate business activities in relation to policies or plans, except with our prior written consent.
In addition, the Service or any information or material contained within the Service, is not to be made available on a network or otherwise reproduced, transmitted, incorporated into any work or altered, in whole or in part, except with our prior consent. In particular, you agree:
- you will not present any of the information and/or data gained from or via the Service in a way which is inconsistent with the purpose for which the information is made available by us; and
- where there are legal and/or regulatory requirements concerning the presentation and/or form of the information or data, you’ll ensure the information isn’t presented in a way which fails to meet those requirements.
3. Regulated firms
The Service is issued in Ireland and is only intended for the information and use of firms or Firm Representatives regulated in the UK, Channel Islands or Isle of Man.
We can’t guarantee that the information contained within the Service complies with any applicable local laws or regulations of any jurisdiction outside the UK or that the said information can be legitimately used outside the UK. We accept no liability for any claims howsoever arising from the information contained within the Service being made available by you to anyone outside the UK, Channel Islands or Isle of Man.
4. Information, not advice
The Service is for information purposes only and is subject to change without notice. It isn’t intended to offer advice and mustn’t be taken as in any way offering advice on our products and/or the suitability of a fund(s). You’ll indemnify us against all loss resulting from any failure by you, when using this Service, to comply with:
- any provisions or regulations under the Act or with similar or equivalent legislation or regulation in the Channel Islands or Isle of Man; and
- the rules of the FCA, the Guernsey Financial Services Commission, the Jersey Financial Services Commission or the Isle of Man Financial Services Authority, as appropriate, or with any other regulator which may replace them.
The Service or any of the information or material contained within the Service doesn’t constitute an offer to contract in the UK, Channel Islands or Isle of Man or in any other jurisdiction or country in which it’s accessed.
We shall use reasonable endeavours to ensure that all information and material contained within the Service is complete and accurate at the time it’s published on the Service, however, we can’t guarantee that such information or materials will be accurate or error-free at all times and we won’t be liable for any inaccuracy or errors in the information or materials contained in the Service.
We don’t guarantee that the Service or any part of it will be available at all times. The Service or any part of it may be withdrawn, suspended or terminated at any time, without notice, at our sole discretion. We won’t accept any liability resulting from the unavailability, withdrawal, suspension or termination of the Service or any part of it. We retain the right to suspend or terminate your access to the Service if we’ve reason to believe you’re in breach of any of these terms of service.
Any software is downloaded at your own risk. We don’t guarantee the suitability of any software that is downloaded from the Service and we won’t accept liability for any problems which may arise, or any expenses, damages or losses which may be incurred as a result. If you’re in doubt about downloading anything, we recommend that you take specialist advice before downloading.
We won’t accept liability for the accuracy or reliability of any chargeable event scenarios you calculate through the Service.
We won’t accept liability for the content of any other site to which a hypertext link to or from the Service exists, nor for the results of any unauthorised access to the Service or any unauthorised alteration to the Service. We’re not responsible for the security content of any non- Athora Group websites which are linked to or from this website.
We reserve the right to modify the Service at any time without notice.
5. Investment services
The terms in clause 5 shall apply to the investment services and to your use of the investment services via the Service. For the purposes of this clause:
‘Investment Services’ means:
a) a facility which enables you to instruct the dealing in investment(s) on behalf of your clients via the Service having obtained the appropriate authority and consent to do so; and
b) the provision of specified information via the Service on the investment for your clients such as valuations.
a) The investments funds of Athora Ireland plc which, depending on the funds chosen, may be linked to other funds of Athora Ireland plc; and
b) In the case of Investment Portfolio (Portfolio Phase) plans, Private Client Portfolio plans, Money Market Portfolio plans and Wealth Planning Portfolio plans, the assets of the cash account and the general account, as defined in the relevant policy condition(s).
When we accept your instruction on behalf of your client, we’ll use reasonable endeavours to carry it out. However, we reserve the right to accept or decline the instruction and we won’t be liable to you or your client for any loss or expense you or your client may incur:
a) if we’re unable to carry out the instruction for whatever reason (other than where wholly caused by negligence and/or fraud); and/or
b) where there’s a delay or change in market conditions before the transaction is completed.
The instruction received from you via the Service will be completed on our terms with the relevant fund manager.
We’ll issue confirmation of each instruction received via the Service. You should receive such confirmation by close of business the next Business Day following your issuing of the instruction via the Service. ‘Business Day’ means any day other than a Saturday, Sunday or Bank Holiday in England, Wales and Ireland and is between the hours of 9.00am and 5.00pm. If you don’t receive such confirmation, you should call us on 0845 600 0173 to check if your instruction has been received and acted upon.
Once accepted by us, your instruction can’t be changed unless, before acting upon a particular instruction, you receive confirmation from us of any amendment or cancellation of your instruction.
You accept there’ll be a delay in time between you giving an instruction, and that instruction being acted upon and, that during that delay, conditions (e.g. availability, market price) may change. In particular, an instruction received when the relevant exchange is closed won’t be acted upon before it next reopens. We’ll present that instruction for execution when the exchange next reopens or, where a large number of instructions have been received while the market is closed, as soon as reasonably practicable after the exchange next reopens.
We won’t accept or act upon an instruction from you unless sufficient funds or stock are held in your client's account to settle the proposed transaction.
Demand for the Investment Services may fluctuate and while we’ll use reasonable endeavours to meet increased demand for the Investment Services, we aren’t responsible for any actual or potential loss suffered by you or by your clients that may arise if you’re unable to contact us to place an instruction via the Service, except where such inability is caused wholly by our negligence.
If we receive an instruction from you which we’re unable to process, it won’t be acted upon. We’ll notify you of any such non action as soon as possible. You may only give us an instruction to sell an investment on behalf of any of your clients if we hold that investment in that particular client's account.
We’re entitled to act upon any instruction which we believe to have been provided by you, and accept no responsibility to you, any person employed or engaged by you or any of your clients you represent if such instruction was provided in error, falsely or fraudulently.
We’ve the right to ask you to confirm in writing any instruction purporting to have been given by you via the Service if we consider this to be appropriate, but we won’t be required or obliged to do so prior to giving effect to such instruction.
We may at our complete discretion, and without giving you any prior notification, refuse to act on an instruction if:
a) for any reason we believe that it wasn’t given by you;
b) it isn’t clear or is ambiguous;
c) acting upon it might cause us to breach a law, regulation or a contractual duty; and/ or
d) we consider that any account issued to you or to persons working for you is being used for a purpose which is a breach of the general law, any regulation and/or any material term of these terms.
Our records of your instructions will be conclusive for all purposes (in the absence of manifest error).
5.2 Deal confirmation
Where we execute the sale or purchase of an investment for your client, we’ll display details of the trade on the trading platform of the Service. These details should be available by close of business the next Business Day following receipt of your instruction via the Service.
5.3 Your obligations
You undertake that each time you use the investment services, that:
a) you’ve all necessary power, authority and approvals to enter into and perform your obligations on behalf of your clients (and/or the obligations of the person(s) on whose behalf you are acting) under these terms; and
b) your entering into and performance of these terms and each contract doesn’t violate, contravene, conflict with or constitute a default under any law, regulation, rule, judgement, contract or other instrument binding on you or your client or any of your client's assets.
You accept full responsibility for monitoring your clients' accounts. You undertake to tell us immediately in writing if you become aware of:
a) the loss, theft or unauthorised use of your account and/or any of your clients' accounts;
b) the failure by you to receive a message or partial message indicating that an instruction was received, rejected and/or acted upon; or
c) any inaccurate information in your clients' account balances, records or assets or money held or transaction history.
You’re required to give all clients appropriate risk warnings in relation to the different types of investments into which they may want to enter. We’ll assume that in relation to any transaction on which we’re instructed, you’ve notified the relevant client. Appropriate risk warnings include those in relation to shares or units in higher volatility funds.
You acknowledge that neither we nor any other person or company concerned with the provision of the Investment Services is responsible for:
a) providing any advice to you or to any of your clients concerning the merits of dealing in any investment; or
b) assessing whether a given investment is or isn’t suitable for a given client.
As part of the Investment Services, but subject to the remaining provisions of clause 5, we’ll provide you on written request with a valuation for the investments standing to the credit of any of your clients' accounts.
Values, where applicable, for an investment will be stated generally by or on behalf of us using the single or bid price prevailing at close of business on the previous Business Day. Values for the cash account and for other investments may be shown as at the last date on which a full valuation was performed.
Notwithstanding anything to the contrary in our terms of service, we won’t be required or obliged to state a value for any investment if dealings in an investment have been suspended, or if it isn’t reasonably practicable to obtain a current value which we consider to be reliable. In any such case we shall be entitled to provide previous or historic values for any such investment and will draw your attention to this fact.
5.5 Client money and assets and record-keeping
You undertake to provide information on a periodic basis to your clients in relation to their cash and investments. We’ll provide you from time to time with information which you may use when discharging your record-keeping obligations to your clients.
You’re responsible for explaining to your clients generally their rights under the UK Financial Services Compensation Scheme, if applicable.
Unless otherwise stated, any notice, instruction or other communication to be given by us will be valid if emailed to you at your email address or, if posted, to your business address. Communications sent to you by email on a Business Day before 5pm will be deemed to be received on the same day. Communications sent to you by email after 5pm or sent on a day which isn’t a Business Day will be deemed to be received at the opening of business on the following Business Day. Communications sent to you by post will be deemed to be received on the second Business Day after posting and by fax immediately upon sending, provided the transmission record indicates a successful transmission.
An instruction is deemed received when it’s seen for the first time by a member of our investments team and a receipt will be sent to you by close of business the next Business Day. Receipt confirmation emails will be sent where email addresses are available on the instruction. Where no email address is available we’ll use reasonable endeavours to acknowledge receipt of such instructions by the quickest or most practicable method available.
For the purpose of these terms, the latest contact details you’ve given to us, or we’ve given to you, will be used in relation to communications between you and us. We’ll notify you if any of our contact details change. You also agree to notify us if your name, firm name, address, telephone, fax number, email, or any other details (such as authorisation status) change. If you don’t, we may charge you any expenses we incur in tracing you.
When you contact us by telephone or by email we’ll check your identity from the personal details, security details and account which will be set up when you apply to use the Investment Services or the Service.
We will record telephone calls you make to our Client Relations team in connection with the Service. Please see our "Protecting your personal information" leaflet which can be found on our website www.athora.com/ie for further details.
You acknowledge that the Service contains personal data. You confirm that your client’s personal information that you provide to us is and will be processed in accordance with the European General Data Protection Regulation and any applicable national privacy legislation.
Specifically, you undertake:
a) that when you access the Service using a user ID and password, you’ll take all such steps to make sure that your user ID and password are kept confidential and secure and not disclosed to any third party; and
b) to contact Athora Ireland plc’s Client Relations team immediately on 0845 600 0173 if you become aware of any circumstances amounting to unauthorised access to the Service or any breach of any security measures taken by you in accordance with this clause 6. or of any facts or circumstances that might reasonably be considered to amount to or result in a breach of such security measures.
You’re responsible for any access to or use of the Service using the method described above. You’ll ensure that no one accesses or uses the Service with your log-in details except with appropriate authority to do so and for the purpose for which the information on the Service is made available by us.
You’ll tell us as soon as you become aware of, or have reason to suspect, any unauthorised access to or use of the Service or any breach of any security measures taken by you in accordance with this clause 6. Until we’ve received such notification of unauthorised access or use of the Service, we’re entitled to treat all communications and instructions from you via the Service as genuine and to act upon them. You’ll indemnify us from and against all losses incurred by us as a result of any person gaining access to the Service using your log-in details.
We don’t guarantee that any email sent to or by us will be received or that its content will remain private during transmission and we won’t accept any liability for any problems which may arise, or any expenses, damages or losses which may be incurred, in the event of interception. If you’re concerned about this, then please consider other means of communication. Without prejudice to the foregoing, you agree that we may rely and act upon any email instructions purported to be given by you via the Service and which have been accepted in good faith as having been sent by you.
You’ll take appropriate steps to ensure that any email or information sent to us will be free from any virus or defect which may harm our systems.
If you have difficulties logging on to the Service or have any technical queries, please call our Client Relations team on 0845 600 0173, 8.30am to 5pm weekdays (except public holidays in Ireland).
7. Liability and indemnity
If, as a result of any breach of these terms of service or arising from or in relation to the use, provision or distribution of the Service or any information or material contained within the Service, or any information communicated by you to us in the course of the provision of the Service, we suffer any expenses, damages or losses either in contract or in tort, then we may hold you responsible whether in contract or in tort.
We won’t be liable to you for any claims, penalties, costs, expenses, damages or losses whether in contract or in tort, in relation to your use, provision or distribution of the Service or any information or material contained within the Service, or in relation to any data breaches committed by you during your use of the Service, save for liability arising out of our gross negligence or wilful default. We won’t be liable for any indirect, special or consequential losses or damages suffered by you or any third party (including any such loss or damage suffered by you as a result of an action brought by a third party) arising in relation to the Service.
8. Terms of service
These terms of service constitute the entire agreement between the parties in relation to the Service only.
Failure or delay in exercising any right or remedy under these terms of service won’t constitute a waiver by us of any such right or remedy.
We may modify these terms of service at any time. You must accept any modified terms of service, as otherwise you won’t be able to access the Service.
If any part of these terms of service is held to be unenforceable or invalid for any reason whatsoever, the remainder of the terms of service will continue in full force and effect.
These terms of service will remain in full force and effect notwithstanding the withdrawal, suspension, termination or unavailability, for whatever reason, of the Service, whether on a temporary or permanent basis.
9. Additional terms applicable to Firm Representatives
It’s your responsibility to ensure that the level of access to the Service given to individual users within your firm is appropriate to their needs.
You undertake to tell us via the Client Relations team immediately on 0845 600 0173 (from the UK) or + 353 1 673 8840 (from outside the UK) or email email@example.com as soon as an individual user within your firm should no longer have access to the Service which, for the avoidance of doubt, will include the circumstances set out in clause 1.2.
Where applicable, you undertake to keep confidential any password or user ID which is sent to you for onward transmission to individual users within your firm.
10. Applicable law
These terms of service will be governed and construed by the law of Ireland and subject to the jurisdiction of the courts of Ireland.
11. Data protection
Policies issued by Athora Ireland plc are administered within Ireland, so processing activities involved are subject to Irish laws. In applying for, and accessing the Service, all personal information will be processed by us in accordance with the European General Data Protection Regulation, Irish data protection law and any applicable national privacy legislation.
Athora Ireland plc is a data controller of personal information provided by you for this Service. You can view our Privacy and cookies notice here https://www.athora.com/ie/privacy which provides information about how we comply with the European General Data Protection Regulation, Irish data protection law and relevant rules. You confirm that where you collect and provide personal information relating to any other individual you have a lawful basis to do so and that you have provided any such individual with all the information that he or she is entitled to under the European General Data Protection Regulation and also with our "Protecting your personal information" leaflet which can be found on our website www.athora.com/ie.
We may share personal information with certain bodies, but only where we legally have to, for example with regulatory bodies or authorities such as the FCA, Irish Revenue or HM Revenue & Customs. In addition, we may be required to disclose information in order to comply with money laundering laws and for other purposes, for example detecting crime.
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