Last updated: September 2019
PLEASE READ THESE TERMS CAREFULLY
These are the terms (“Terms”) which govern your access to and use of the 7IM and TCAM online client portals (referred to in these Terms as “7IM Online Services”).
YOU ACCEPT THESE TERMS WHEN YOU ACCESS 7IM ONLINE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE 7IM ONLINE SERVICES.
These Terms are supplemental to the 7IM terms and conditions under which we provide our investment services to you (the “7IM Client Terms and Conditions”), which means both sets of terms apply to your use of 7IM Online Services. In the event of any conflict between the 7IM Client Terms and Conditions and these Terms, these Terms will take precedence in relation to your use of 7IM Online Services.
1. YOUR PRIVACY
1.2 By using 7IM Online Services, you acknowledge and agree that internet or other network transmissions are never completely private or secure. Any information you view, access, transmit or receive using 7IM Online Services may not therefore be secure notwithstanding the technical measures we may take.
2. YOUR SECURITY DETAILS
2.1 It is your sole responsibility to keep your login details (such as any username, password and/or pin) for accessing 7IM Online Services (your “Security Details”) secure, and to prevent unauthorised or fraudulent use of your Security Details or 7IM Online Services using your Security Details. Security Details must not be disclosed to any person. To avoid accidental disclosure, Security Details should not be recorded in any form by which they could be recognised as such.
2.2 You acknowledge and agree that wherever any request or instruction is communicated to us by someone using your Security Details, that request or instruction will be considered to have been made by you, and we will be entitled to rely and act on that request or instruction without making any further checks or enquiries.
2.3 You must let us know immediately if you know or suspect that anyone other than you knows or has access to your Security Details. We may suspend your access to 7IM Online Services until we have issued you with new Security Details. You will be responsible for any losses you incur as a result of your failure to keep your Security Details secure. In no event will we be liable for any loss or damage whatsoever resulting from the disclosure of your Security Details to any person.
2.4 If we ask you to specify an answer to a security question, you must ensure that the answer is something only you know.
3. PERMITTED USE
3.2 You agree that you will access and use 7IM Online Services only in relation to your 7IM account(s). You further agree that you shall not use 7IM Online Services in any unlawful, unauthorised or improper manner.
3.3 You are responsible for compliance with applicable laws relating to the use of or otherwise connected with 7IM Online Services. You acknowledge that access to all or part of 7IM Online Services may be restricted or prohibited by law in jurisdictions outside England and Wales. To the extent that 7IM Online Services or any activity contemplated by 7IM Online Services would infringe any law or jurisdiction other than England and Wales, then you are prohibited from accessing 7IM Online Services or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and we shall have no liability to you in this regard.
4. NATURE OF THE 7IM ONLINE SERVICES
4.1 Any information or tools accessed through 7IM Online Services are made available for the general information of our clients and are not, nor form part of, any recommendation or advice as to any particular course of action or recommendation on any particular investments, either within your 7IM portfolios or otherwise.
4.2 Any valuations or prices displayed on 7IM Online Services will be either indicative at the time, the previous business day’s closing price or the most recent price provided to us by the relevant third party data provider. You acknowledge that live market prices are subject to constant change and may not be complete, accurate or up-to-date. We make no representation as to the completeness or accuracy of valuations, prices or other information made available, and are not obliged to provide any updates to you. Any reliance by you on such information is entirely at your own risk.
4.3 You acknowledge and agree that nothing on 7IM Online Services constitutes any financial or investment advice or recommendation.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The intellectual property rights in all elements of 7IM Online Services, including software, databases, data and other information viewed, used or accessed through 7IM Online Services, shall remain vested in us and/or our licensors, and you will not acquire or retain any proprietary right, interest or title in such elements.
5.2 You must not redistribute, publish or commercially exploit any software, data or other information accessed, and must not remove any copyright or other proprietary notices from such information. You further acknowledge that you are responsible for obtaining the relevant third party licence for any publication, extraction or redistribution of any third party data contained within our products or services.
6.1 We do not guarantee that 7IM Online Services will be secure or free from bugs or viruses. You should use your own virus protection software on all devices used to access 7IM Online Services.
6.2 You acknowledge that you are responsible for keeping any device on which you access 7IM Online Services secure, and that you must close access to 7IM Online Services when you are not using them. 7IM will not be liable for any loss or damage suffered by any person as a result of your failure to keep any device secure, howsoever this arises.
7. OUR RIGHTS TO VARY, SUSPEND AND WITHDRAW 7IM ONLINE SERVICES
7.1 We do not guarantee that 7IM Online Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of 7IM Online Services at any time at our discretion and without notice, including (but not limited to) in connection with any computer virus or malicious or disabling code, denial of service attack, communications failure, breakdown or other malfunction, planned or emergency maintenance, or certain market conditions. We will try to give you reasonable notice of any suspension or withdrawal.
7.2 Your access to 7IM Online Services may be dependent upon us successfully performing additional identity verification checks and we may suspend or withdraw or restrict your access to all or any part of 7IM Online Services pending such checks.
7.3 We may suspend your access to all or any part of 7IM Online Services at any time, including, but not limited to, where we believe you may be using it in an unlawful, unauthorised or improper manner.
7.4 Notwithstanding the security measures we have put in place, we shall not be liable for losses resulting from a breach of security relating to, or the unavailability of, 7IM Online Services.
7.5 You acknowledge that the content and performance of 7IM Online Services may be updated or altered from time to time, without notice to you and without you having any recourse to us. Any such updates or changes may require you to accept amendments to these Terms.
8. CHANGES TO THESE TERMS
8.1 We may need to make changes to these Terms to reflect changes in law, regulation or best practice or to deal with additional features which we introduce. Your continued use of 7IM Online Services following any changes will mean that you accept such changes. It is your responsibility to check these Terms from time to time to verify such changes. If we seek your consent when you attempt to login to 7IM Online Services after such changes have been made and you do not agree to the amended Terms, you will not be able to login or access 7IM Online Services.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 In addition to the provisions of the 7IM Client Terms and Conditions on our responsibilities and liability, the following provisions shall apply in respect of 7IM Online Services:
9.1.1 7IM Online Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to, to the maximum extent permitted by law, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
9.1.2 you acknowledge that 7IM Online Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of 7IM Online Services meet your requirements. We shall not be liable to you for any loss or damage which results from any failure of 7IM Online Services to meet your requirements or any particular purpose; and
9.1.3 7IM Online Services are only to be used in relation to your 7IM account(s). We are not liable for any losses which you incur as a result of using 7IM Online Services for any other purpose. If you use 7IM Online Services for any commercial, business or resale purpose not related to your 7IM account(s), we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other indirect or consequential losses.