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Terms & Conditions
The use of this website (the “Online Service”) is provided by Roughton Financial Services (“RFS”), which is a trading style of Roughton Alliance Limited, subject to the following terms and conditions. You (the “User”) are contracting with RFS, who trades from their offices at, 64 Sutton Road, Sutton Poyntz, Dorset DT3 6LN.
When purchasing products and services from the Online Service the User is purchasing by means of a Distance Selling contract as set out in the Consumer Protection (Distance Selling) Regulations 2000. This does not apply to Business to Business transactions.
The Online Service is designed to be used by Users regulated by the Financial Services Authority and the Ministry of Justice (Claims Management).
Please read these Terms and Conditions carefully before subscribing or registering to the Online Service, materials and information, (“Materials”), available on this website. If you do not wish to be bound by these Terms and Conditions (or are not authorised to agree to them) then you may not access the Online Service.
The use of this website constitutes acceptance of these Terms and Conditions as at the date of your first using the website.
- Introduction
- The copyright in all of the materials on this website belong to Roughton Financial Services
- By using RFS’s Products and Services you agree, without limitation or qualification, to be legally bound by and to comply with these Terms and Conditions
- Subscription or registration to the Online Service is limited to persons who are eligible to enter into a contract under applicable law. Note, RFS reserve the right to reject your application to become a subscriber or user
- RFS reserves the right to change these Terms and Conditions at any time by posting changes online. Your continued use of the website after changes are posted constitutes your acceptance of this agreement, as modified. If you consider that such changes to be to your detriment, the User may terminate the Online Services by written notice (including e-mail) and RFS shall on request, refund the pro rata share of the annual subscription paid by the User which relates to the unexpired part of the year in relation to which the annual fee was paid
- Areas of the website may have different terms of use posted, if there is any conflict between these Terms and Conditions and rules and /or specific terms of use appearing on this site, relating to specific materials or areas, then the latter shall prevail
- Information on this website may contain technical inaccuracies or typographical errors; RFS do not give any express or implied warranty as to its accuracy. RFS do not accept any liability for error or omission. Information may be changed or updated without notice. RFS may make improvements and / or changes in the Materials and services contained in or described on this website at any time and without notice
- These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales
- 1.1It is the responsibility of those that are or should be authorised by the Financial Services Authority (FSA) and the Ministry of Justice (MoJ), to ensure that they operate in a way which is compliant with the FSA and MoJ regulations and requirements. RFS is neither authorised nor regulated by the FSA or MoJ to provide a regulated activity
- Use of FSA or MoJ material does not indicate any endorsement by the FSA or MoJ of this site / publication, or material or views contained within it
- Access to the Online Services
- On receipt of your application for a subscription or where you intend to purchase any other aspect of the Online Service you shall be required to register a user name and password(s) as required to gain access to the Online Service for you the “User”. RFS reserve the right to refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive
- The User shall keep and where relevant shall use all reasonable efforts to keep confidential the user name(s) and password(s) used to access the Online Service. The User must notify RFS immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention
- The User agrees to use this website only for lawful purposes and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the website by any third party. The User will only use the website for its intended purpose
- The User shall be entirely responsible for all access to the Online Service where access is facilitated by the use of the Users user name(s) and password(s) whether access is with or without the Users consent
- Conditions of access to the Online Service
- RFS will grant the User a non-exclusive, non-transferable licence to use the Online Service for one year, on the payment of an annually renewable fee. This is only applicable to the subscription service
- 3.1This licence to use the materials and information made available through the Online Services including and without limitation any news items and documents published on this website (“the Materials”) is granted on these Terms and Conditions
- In relation to the Online Service:
- The User may:
- Display the Materials electronically on a single computer;
- Download and store one copy of the Materials in machine readable form
- Print one copy of the Materials
- In relation to any part of the Online Service which offers the "e-mail a friend" option, use this option in respect of no more than 50 articles in each year
- The User may not:
- Download, store, reproduce, transmit, display (including without limitation, display on any intranet or extranet site), copy, sell, publish, distribute, provide access to the content received through RFS website or otherwise use the Materials other than in accordance to clause 3.3(a)
- Sub-licence, rent, lease, transfer or assign any rights to the Materials, including without limitation copyright, trademark and other intellectual property rights, to any person(s), or attempt to do any of the aforementioned
- Alter or remove any copyright notices or other notice indicating the proprietary ownership by RFS or any third party, of any intellectual property in the Materials
- Use the Materials accept in the manner expressly permitted, or transfer or export the Materials or any copies into any country, other than in compliance with the applicable laws
- Reproduce, modify, or in any way commercially exploit any of the Materials
- Allow any unauthorised person in respect of whom a user name(s) and password(s) has not been allocated to use the Materials
- Make the Materials available on a network
- Create a database in electronic or structured form by systematically downloading and storing all or any of the Materials
- Create extract works based on the Materials on the RFS website to be used on another website or service for example; without our consent
- Use the RFS website or any Materials for any unlawful purpose
- In relation to any part of the Online Service which offers the “e-mail a friend” option, use this option in respect of more than 50 articles in each year
- Create derivative works based on any of the Materials for example to use on another website or service without our written consent
- RFS reserves the right to monitor the usage of the “e-mail a friend” function and to contact the User if we consider that the User is using the function unreasonably, whereupon the User will terminate such unreasonable use. In the event that the unreasonable use continues or any other usage of this function continues in breach of clause 3.3 (a) (iv). Following notification under this clause, RFS reserve the right to terminate the User’s use of the Online Service in accordance with clause 11 (Termination)
- Unless otherwise stated, the Materials are presented solely for the User’s own internal business use and may not be re-sold
- The information RFS publishes on its website may contain references to RFS programmes and services that may not be available in the Users country. Such references do not imply that RFS intends to announce such specifications, project, programmes or services in the Users country
- RFS takes no responsibility for the content of external (third party) Internet websites. A link to a non RFS website does not mean that RFS endorses or accepts any responsibility for the content, or the use of such websites
- Any communication or material that the User transmits to, or posts on any public area of the website including any data, questions, comments, suggestions, or like, is and will be treated as non-confidential and non-proprietary information
- These Terms and Conditions shall be governed and construed in accordance with the law of England
- Payment
- Online Service - Subscription
- Details of RFS’s prices for subscription to the Online Service and the procedures for payment are available from RFS. The User agrees to pay all fees and charges incurred through their subscription account (including any applicable taxes) by credit card, cheque or bank transfer, within 14 days of receiving a valid invoice. The payment will cover one year’s access to the Online Service unless otherwise agreed. The price of the subscription is the price in force at the date and time of your order. RFS may change the price of any subscription before you place a subscription request. If payment is not received within 14 days of the User receiving a valid invoice, RFS reserve the right to restrict access to the Online Service and or charge interest under the applicable law (including the Late Payment Commercial Debts (Interest) Act 1998). The User is responsible for any fees or charges incurred to access this website through an Internet Access Provider or other third party service
- Online Service - Non-Subscription
- Details of RFS’s prices for the Online Service (excluding those by Subscription) and the procedures for payment are available from RFS. The User agrees to pay all fees and charges incurred through their account (including any applicable taxes) by credit card, cheque or bank transfer, within 14 days of receiving a valid invoice. The payment will cover the cost of the Online Service unless otherwise agreed. The price of the Online Service is the price in force at the date and time of your order. RFS may change the price service before you place an order. If payment is not received within 14 days of the User receiving a valid invoice, RFS reserve the right to restrict access to the Online Service and or charge interest under the applicable law (including the Late Payment Commercial Debts (Interest) Act 1998). The User is responsible for any fees or charges incurred to access this website through an Internet Access Provider or other third party service
- All products and services remain the property of RFS until payment has been received in full.
- RFS will notify the User approximately 30 days before their subscription period for the Online Service comes to an end, unless written notification is received from the User, 60 days or earlier prior to the end of the subscription period
- RFS reserve the right and are entitled to refuse any subscription request by the User
- The User undertakes to ensure that all details provided by them to RFS for the purpose of subscribing or registering to the Online Service is accurate, including without limitation and where relevant, that the credit card which they use is their own and that there are sufficient funds or credit facilities to cover the cost of any subscription.
- Cancellation
- If the User wishes to cancel their subscription to the Online Service within 7 working days of Confirmation for any reason (including if you simply do not want to proceed), the User must notify RFS in writing or by e-mail, but only if the User has not accessed the Materials. The User may claim a refund which will be paid as soon as possible but in any case, within 30 days
- No refund is payable for Business to Business transactions on any other aspect of the Online Service. All other transactions are carried out by means of a Distance Selling contract as set out in the Consumer protection (Distance Selling) Regulations 2000.
- If the User has a complaint or wishes to exercise their right of cancellation referred to in clause 5.1 they may send their complaint or notice of cancellation to RFS via e-mail via to info@roughtonfinancial.com. or by post to the Customer Support Manager:-
Customer Support Manager, Roughton Financial Services, 64 Sutton Road, Sutton Poyntz, Dorset, DT3 6LN, UK
- Modification of the Online Services
- Subject to the Users rights set out in clause 11, RFS reserve the right to alter, suspend, or discontinue any aspects of the Online Service, including the Users access to it. Unless explicitly stated any new features will be subject to these Terms and Conditions
- Information you provide
- The following applies to any information the User provides to RFS, for example during the registration or subscription process:
- The User authorises RFS and acknowledge that RFS is authorised to use, store or otherwise process any personal information which is related to and / or identifies the User, including but not limited to their name and address, to the extend reasonably required to provide the Materials and services that are available through our website. If the User obtains or chooses to buy services through our website, then RFS may collect information about the User’s buying behaviour. If the User sends RFS personal correspondence such as e-mails or letters then RFS may collect this information. This information, collected by RFS shall be referred to in these Terms and Conditions as “Personal Information”. Together, the various purposes set out in this paragraph and in our Privacy Policy shall be known as the “Purposes”
- The User must ensure that the Personal Information provided to us is accurate and complete and that all registration details (where applicable) contain the correct name(s), address(es) and other requested details. For more information about how RFS deal with the Personal Information, please read our Privacy Policy
- The Privacy Policy and the Disclaimer forms part of these Terms and Conditions. If you are located outside the United Kingdom (UK), please be aware that information that the User provides to RFS will be sent to the United Kingdom. By subscribing or registering to the Online Service the User consents to their data being sent to the United Kingdom
- By accepting these Terms and Conditions, the User agrees to the processing and disclosure of the Personal Information for the Purposes. The User also agrees that the Purposes may be amended to include other uses or disclosures of Personal Information following notification by means of a notice on our website, which the User should check regularly. If the User would like to review or modify any part of the Personal Information that we hold relating to the User, then an e-mail should be sent to the Customer Support Manager at info@roughtonfinancial.com
- Copyright and Monitoring
- The contents of the Online Service are protected by copyright laws and other intellectual property rights. The owner of these rights is Roughton Financial Services Limited (RFS). All product and company names and logos contained within our website or the Online Service are trade marks, service marks or trading names of their respective owners, including RFS and Roughton Alliance Limited.
- Interference with the Online Service
- The User must not attempt to interfere with the proper working of the Online Service and in particular, the User must not attempt to circumvent security, hack into, tamper with or otherwise disrupt any computer system, server, website, router, or any other internet connected device
- Warranties, Disclaimers
The Users access and use of the Online Service and Materials is at their own risk. RFS, and its Shareholders, Directors, employees, will not be liable (jointly or severally) to you or any other person as a result of your access or use of the Online Service and Material, for indirect consequential, special, incidental, punitive, exemplary or other damages, including without limitation, lost income or profit, lost data, damage to property and claims of third parties, whether in negligence, tort, contract or other theory of liability, even if any of the RFS parties have been advised of the possibility of, or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. The User agrees that their only recovery for any damages that they may have incurred and that their exclusive remedy (whether in negligence, tort or other theory of liability), shall be limited to the direct damages the User has actually incurred up to a limit of the amount the User paid (if any) in total during the twelve month subscription period in which such liability arose (this period will be calculated beginning on the first access of the Online Service).
- Online Services and Materials that RFS publishes on this website may contain references to RFS programmes and services that are not announced or available in the Users country. Such references do not imply that RFS intends to announce such specifications, projects, programmes or services in the Users country. Currently RFS services are for UK users only
- RFS cannot and do not represent, warrant or guarantee that the Online Services will be uninterrupted, free from infection, viruses and or other code that has contamination or destructive properties. The User is responsible for ensuring that their computer system meets all relevant technical specifications necessary to use the Online Services and is compatible with our websites. The User is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output
- RFS do not control and takes no responsibility for the content of external (third party) Internet Sites or any link in a linked website, including any changes or updates to such websites or their software. A link to a non RFS website does not mean that RFS endorse or accepts any responsibility for the content, or the use, of such websites. Any concerns the User has regarding any external link should be directed to its website administrator or web master
- Termination
- RFS may terminate or suspend the Users use of the Online Service at any time if they are found to be in breach, or we have reasonable grounds to believe that the User is in breach of any of these Terms and Conditions, including without limitation the prohibition on sharing or disclosure of user name(s) and password(s) as set out in clause 2 ( Access to the Online Services), and the reproduction of Materials set out in clause 3 and such breach, if it being capable of remedy, is not remedied within 30 days of notification of such a breach
- If the User is notified of termination of their right to use the Online Services, the User must immediately destroy all copies of the Materials. In these circumstances the User will not be entitled to any refund
- Other than in accordance with your rights set out in clause 11.1, in the event that clause 6 (Modification to the Online Service), RFS will discontinue, suspend or terminate the User’s access to all Online Services, either party may terminate the use of the Users Online Service and RFS shall on request refund to the User the pro rata share of the annual subscription paid by the User which relates to the unexpired part of the year in relation to which the annual fee was paid. No refund is payable on any other aspect of the Online Service
- Additional Information
- RFS may assign, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time
- These Terms and Conditions, together with the Privacy Policy, the enrolment form and payment method instructions, if any, are the whole agreement between the User and RFS
- If any of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such terms or provisions shall be divisible for the other terms and conditions and shall be deemed to be deleted from them
- RFS will not be held liable or responsible for any failure to perform to the other, any obligation due to causes beyond our reasonable control
- Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy
- Notices
- 13.1 All notices shall be sent:
to RFS via e-mail at info@roughtonfinancial.com; or by post to the Customer Support Manager at the following address: - Customer Support Manager, 64 Sutton Road, Sutton Poyntz, Dorset, DT3 6LN UK to the User, either by e-mail or to their postal address provided during the application process unless otherwise notified to us Notice will be deemed to have been received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting
- Replacement
- These Terms and Conditions replace all other Terms and Conditions previously applicable to the provisions of the Online Service
- Cancellation Information
- To cancel the Online Services please include the following details to ensure swift processing:
Name: Date: Order / Invoice ref no.
If the Terms and Conditions are not accepted in full, use of this website must be terminated immediately
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