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Terms of Service

These Terms of Service constitute a legal agreement between you, as a user of the back office customer software platform, https://www.elen.co/ (from now on referred to as the “Platform”) and ELEN FINANCIAL SOFTWARE LTD, a company registered in England and Wales under company number 11680470 and the owner of the Platform (from now on referred to as “Elen”).
 

Business users of the Platform, who are financial advisers, (FAs) will use the Platform to interact with you.

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Application

These Terms of Service set out the general terms governing your use of the Platform. They apply to you as you first use the Platform, and you are deemed to have agreed to be bound by them upon your first use of the Platform. If you do not wish to continue to be bound by these Terms of Service, please stop using the Platform.

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Relationship to Other Agreements

In addition to these Terms of Service, Elen’s Privacy Policy, Cookie Policy, Web Portal Terms and Conditions, Web Portal Acceptable Use Policy, applies to you and everyone else who uses the Platform.

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Platform Registration

In registering to use the Platform with your FA, you must first provide an email address and enter a password. Your email address and password are the methods used by us to identify you and so you must keep them secure at all times. You will update your FAs as soon as reasonably practicable if any of the information you provide to the FA changes. You are responsible for all information and activity on the Platform by anyone using your username and password. Any breach of security, loss, theft or unauthorised use of an email address, username or password must be notified to the FA immediately. Elen/FAs reserve the right not to act on your instructions where Elen/FA suspect that the person logged into your account is not you or Elen/FA suspect illegal or fraudulent activity or unauthorised use.

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Use of the Platform

By accepting these Terms of Service you agree that you will not:

  • Use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of Service or act fraudulently or maliciously, for example, by using another User’s account, or by hacking into or inserting malicious code, including Viruses, or harmful data, into the Platform;

  • Transmit any material that is defamatory, offensive or otherwise objectionable;

  • Use the Platform in a way that could damage, disable, overburden, impair or compromise the security of the Platform or interfere with other users;

  • Attempt to decipher any transmissions to or from the servers running the Platform;

  • Perform any security testing of the Platform either manually or utilising any automated system;

  • Copy any of the code within the Platform nor any concepts in the content or Documents;

  • Rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit the Platform or otherwise make it available in whole or in part to any third party;

  • Make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, unless such alterations or modifications are carried out or approved, overseen and managed by the us; or

  • Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing.

 
Intellectual Property

The Platform may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations and these are referred to as “Content”.
 

All of the Content is the sole property of your FA, Elen or our affiliates or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. This means that, except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the “fair use” provisions for copyrighted materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by your FA and Elen. For the avoidance of doubt, data mining or scraping the Platform without your FA and Elen’s express written permission of is not permitted.

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Links to Other Websites

This Platform may contain links to other websites. Unless your FA or Elen expressly say otherwise, you should assume that these other websites are not under the control of your FA, Elen or our affiliates. Your FA/Elen assume no responsibility for the content of such websites, and disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if your FA/Elen include a link to another website on this Platform, that does not mean that we endorse that other website or in any way recommend that you should use it.

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Disclaimers

Users should be aware that they use the Platform and its Content at their own risk. The Platform is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and / or faults.
 

You need to be aware that your FA and Elen:
 

  • Make no warranty or representation (express or implied) that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate.

  • Make no guarantee of any specific results from the use of the Platform.
     

You need to be aware that Elen:
 

  • Accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, epidemics or pandemics, acts of war, or legal restrictions and censorship;

  • To the maximum extent permitted by law, accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Platform or any information contained in it, and you use the Platform and its Content at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of the Platform.

 
Personal Data

Elen may integrate third party software with the Platform.
 

Elen may:
 

  • receive personal data about you; and

  • share your personal data,
     

with/from the following third parties for the purposes of integrating third party software with the Platform:
 

  • Transact

  • Nucleus

  • P1;

  • Quilter; and

  • CashCalc.
     

Your FA may use some of the third parties listed above to manage your data and investments.
 

Elen requires all third parties to respect the security of your personal data and to treat it in accordance with the law. Elen do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

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Severability

Elen has made every effort to ensure that these Terms of Service adhere strictly with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This clause on “Severability” shall apply only within jurisdictions where a particular term is illegal.

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No Waiver

In the event that either you or we fail to exercise any right or remedy contained in these Terms of Service, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.

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Revisions

From time to time Elen may update these Terms of Service to take account of changes in the law or for any other reason. If Elen update these Terms of Service, Elen will post a new version on the Platform, and as soon as you use the Platform after they are posted, you will be deemed to have agreed to the updated version, . If there is a conflict between two versions of the Terms of Service to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.

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Communications

If you wish to communicate with us about anything related to these Terms of Service, you may do so by sending an email to your FA or to Elen at support@elen.co.

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Termination

You can terminate your registration with us to use the Platform at any time by notifying your FA and us at support@elen.co.
 

Elen/your FA may suspend or terminate your registration and your ability to use the Platform at any time for any reason, including but not limited to if:
 

  • you breach these terms and conditions in any material respect;

  • you are suspected to have committed fraud, been involved in money laundering or other illegal activities; and

  • you use the Platform in any way that (i) causes, or is likely to cause, the Platform or access to it to be interrupted or damaged in any way; (ii) for fraudulent purposes or in connection with a criminal offence; (iii) to send, use or reuse material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any spam.

 
Complaints

If you wish to make a complaint about us, please send the details of your complaint to your FA or to support@elen.co.

 
Choice of Law

These Terms of Service, and the relationship between you and us created by it, shall be governed by and construed in accordance with the laws of England and Wales.

 
Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of England and Wales. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.

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