Terms & conditions of use for the Cofunds website

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General website terms & conditions | Advisers terms & conditions | Investor terms & conditions | Platform terms & conditions

Introduction

Please be aware that additional terms and conditions apply to registered intermediaries and registered investors who log in to this website. Use the links above if you want to access these terms & conditions.

These terms and conditions form a binding contract between you and Cofunds regarding your access to this website. These terms and conditions, as may be varied from time to time in accordance with clause 10, are referred to as the "Agreement".

If you do not understand any part of this Agreement, please contact Cofunds on 0845 604 4001*.

1. Definitions

1.1 In this Agreement the following expressions shall have the following meanings, unless inconsistent with the context:-

Expression Meaning

"User" any visitor to the Cofunds website.

"Cofunds" Cofunds Limited, registered with company number 03965289.

"Computer environment" any computer or network of computers used by an Authorised User to access the webiste.

"Content" certain material and information from time to time appearing on the Website and made available to you under this Agreement.

"Links" hypertext links from the Website to other Third Party Sites or where expressly referred to in this Agreement hypertext links from Third Party Sites to the Website.

"Personnel" members of your staff who have access to the Website.

"Service Disruption Event" a factor outside the control of Cofunds including, without limitation, the in-operation or interruption of the Internet or other telecommunication services.

"Service Level Agreement" the service level agreement between you and Cofunds as amended from time to time, which is supplemental to the Terms of Use and which sets out the arrangements relating to the day to day operation of the Terms of Use.

"Terms of Use" the terms of use of the Cofunds fund market, as amended from time to time, which you may choose to enter into, in order to gain access to the Transaction Services and additional content on the Website.

"Third Party Sites" any websites other than the Website.

"Transaction Services" the service provided by Cofunds, from time to time, enabling you to set up a website account and to buy, sell and manage investment products via the Website.

"Unipass Certificate" A digital certificate issued by Unipass (www.unipass.com) to you and designed to authenticate you (and you only) to product providers such as Cofunds.

"Website" the Website on the Internet run by or for Cofunds under the domain names www.Cofunds.co.uk and www.Cofunds.com or such other website as Cofunds may notify you from time to time.

"You","Your" or "Yourself" you as the individual, firm or business who has accessed the Website under this Agreement.

2. The Website

2.1 You will be entitled to access and use the Content in accordance with this Agreement once you have accepted the terms and conditions of this Agreement. Cofunds will then make the Content available to you through the Website.

2.2 There is no specific time limit applying to your access to the Website and Cofunds will use reasonable endeavours to make the Website available for access at all times. However, access to the Website may be suspended from time to time for maintenance and development work. Cofunds will use reasonable endeavours to notify users when maintenance and development work will take place and use reasonable endeavours to carry out such work during periods of low usage of the Website.

2.4 Cofunds does not currently make a charge for you accessing the Website and gaining access to the Content, but reserves the right to do so in the future.

3. Use Of Content

All Content belongs to Cofunds or its licensors and is protected by copyright law. You may retrieve Content from the Website for display, or print Content on paper (but not make photocopies) and store Content in electronic form on disk or computer hard drive (but not on any server or other storage device connected to a network), though only for your personal, non-commercial use.

4. Trademarks

"Cofunds", "cofunds.co.uk", "cofunds.com" and any other company or product names appearing anywhere on the Website are trademarks and you may not use any trademarks, servicemarks or logos appearing on the Website, or otherwise owned or licensed to Cofunds without prior permission from Cofunds or their owner.

5. Security

Note. our security terms & conditions also apply to intermediary or investor use of this website. Please refer to the investor or imntermediary terms & conditions for full details.

5.1 Once you have accepted the terms and conditions of this Agreement and you have signed up fully to the Cofunds service you will be able to use your Cofunds IFA Auth Code and Password to access all areas of the site. If you have a Unipass Certificate you can also register it on the Website. This will enable you to directly log in to the Website without the need to enter the above criteria.

5.2 Your right to use the Website is personal to you and you may not permit any other person to gain access to the Website using any of your security details.

5.3 If you become aware or suspect that your security details may be used unlawfully or without your consent then you should telephone Cofunds on 0845 604 4001* as soon as possible. You may then request a new Password and/or Cofunds IFA Auth Code, following the procedures advised by Cofunds.

5.4 If you become aware or suspect that your Unipass Certificate may be used unlawfully or without your consent then you should contact Unipass as soon as possible. Unipass will then arrange to revoke your Unipass Certificate and issue you with a new one.

5.5 At its sole discretion Cofunds may bar the use of your security details/Unipass Certificate from time to time due to general administration purposes, security or other concerns. Cofunds will inform you as soon as reasonably possible of such action. You may then request a new Password and/or Cofunds IFA Auth Code following the procedures advised by Cofunds.

5.6 To ensure that the service provided by Cofunds reflects the highest level of confidence for its customers, Cofunds has developed a high level of security. Cofunds employs the following security measures to protect your security and personal information:

5.6.1 a 128-bit secure sockets layer encryption engine that provides the highest levels of security minimising the risk of your confidential information being read by anyone else;

5.6.2 'firewalls', antivirus software and access monitoring tools that are used to identify any potentially fraudulent behaviour; and

5.6.3 security details enable Cofunds to recognise you before you access the Content.

5.7 Security is a constantly evolving process and you can be assured that Cofunds reviews its security arrangements regularly, as customer security is paramount. Whilst Cofunds has incorporated many security features, Cofunds does not have control over the computer environment you use to access the Website.

5.8 If you forget to log off after accessing the Website, or your computer remains inactive for a period of time during a session, then our systems automatically log you off.

6. Undertakings By You

6.1 You may not:

6.1.1 interfere or tamper with, alter, amend or modify the Content of the Website or any part of it;

6.1.2 copy or disassemble any of the software comprised in the Website; or

6.1.3 attempt to do any of the above or permit any of the above to be done, in each case, except as necessary to use the fund market in accordance with the provisions of the Terms of Use or Service Level Agreement, or as expressly required or allowed by law.

6.2 You may not reproduce, modify or in any way commercially exploit the Content. In particular, you may not do any of the following without the prior written permission of Cofunds:

6.2.1 redistribute any of the Content, including by using it as part of any library, archive or similar service;

6.2.2 remove any copyright or trademark notice from any copies of the Content; or

6.2.3 create a database in electronic or structured manual form by systematically downloading and sorting all or any of the Content.

6.3 You will inform Cofunds without delay if you or any of your Personnel become aware of any defect in the Website.

6.4 You are responsible for ensuring the security of the computer environment from which you access the Website.

7. Links

7.1 The Website may contain Links to, and from, Third Party Sites, over which Cofunds has no control. Cofunds do not accept any responsibility for information contained in Third Party Sites. Companies independent of Cofunds, who may not be regulated to conduct investment business, have produced the information and services offered within these Third Party Sites.

7.2 Where possible, Cofunds will make it clear where Links to Third Party Sites are being made, though Third Party Sites may be co-branded with Cofunds and so include Cofunds trademarks.

7.3 If you want to link from a Third Party Site to the Website, then you may only do so with the express permission of Cofunds.

7.4 Any information, views or opinions accessed via Links from the Website are solely those of the relevant provider and are not necessarily shared by Cofunds. As such, Cofunds accepts no responsibility.

8. Limitation Of Liability

8.1 Cofunds use reasonable skill and care in selecting the providers of the Content and providing secure access to the Content. However, because of the inherent nature of the Internet and the number of sources from which Cofunds obtains the Content, Cofunds does not give any warranties, express or implied, or make any representations as to the accuracy, adequacy or ability to access, or any delay in access, security of access, suitability or security of use of any Content.

8.2 Cofunds make no warranty or representation that the Website can be accessed at all times. The Website or any part of it may be temporarily unavailable or restricted for administrative or other reasons.

8.3 You acknowledge that your uninterrupted access to the Website may also be prevented by a Service Disruption Event. Non-performance by Cofunds of its obligations under this Agreement will not amount to a breach of this Agreement, where such non-performance results directly or indirectly from a Service Disruption Event.

8.4 Save where required to do so by law, Cofunds does not accept any responsibility and will not be liable for any loss or damage arising out of, or in connection with, the unavailability of the Website or withdrawal of any part of it.

8.5 Cofunds does not accept any responsibility and will not be liable for the inaccuracy or incompleteness of any information received by you through the Website which arises out of or in connection with data transmission, machine or software error or malfunction or from your operating error (other than such inaccuracy or incompleteness arising as a result of Cofunds negligence, fraud or wilful default).

8.6 Cofunds does not accept any responsibility and will not be liable for unauthorised instructions or activities (including but not limited to placing trades) received through the Website. Notwithstanding Clause 6.4, you are responsible for unauthorised instructions and or activity (including but not limited to placing trades) by a third party if facilitated by negligence on your part.

8.7 You agree to indemnify Cofunds in respect of any loss, damage, cost or expense incurred as a result of any person accessing the Website via use of Authorised User's security details including a Unipass Certificate and/or password.

9. Termination

9.1 Cofunds may terminate your right to use the Website to access and use the Content at its absolute discretion by:

9.1.1 giving you 60 days prior written notice at any time; or

9.1.2 giving you notice which will be effective immediately if:

9.1.2.1 you have provided Cofunds with false or misleading information; or

9.1.2.2 you are in breach of the terms of this Agreement.

9.2 You may terminate your right to use the Website by giving reasonable notice in writing to Cofunds, which will be effective on receipt by Cofunds.

9.3 On termination of this Agreement, your licence to use your security details and your right to access the Content will automatically terminate.

10. Variation

10.1 Cofunds reserves the right to vary the terms of this Agreement.

10.2 You will be able to access this Agreement via a link from each page on the Website showing the date this Agreement was last updated. Please revisit this agreement from time to time as use of the Website implies your acceptance of the Conditions of use of the Cofunds Website.

11. Waiver

The failure or delay by a party to:

11.1 exercise or enforce any of its rights; or

11.2 enforce any obligation, which the other party is in breach of, under this Agreement,

is not a waiver of that right nor will it bar enforcement of that obligation (or any similar or other obligation) at that time or at any subsequent time.

12. Severance

If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from this Agreement and shall be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this shall not affect any other provisions of this Agreement which shall remain in full force and effect.

13. Governing Law and Jurisdiction

This Agreement shall be governed and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

* Calls are recorded for monitoring purposes.

Last updated 02/05/2013

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LRQA Business Assurance © Cofunds Ltd 2014

Cofunds Limited is authorised and regulated by the Financial Conduct Authority FCA Registration No 194734.

* Telephone lines are open Monday to Friday 9am to 5pm. Calls may be recorded for training and quality purposes.