PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM
 
What’s in these terms?

These terms tell you the rules for using our website www.elen.co and all web applications in elen.co sub-domains (our Platform).


Who we are and how to contact us

www.elen.co (and any other web application in elen.co sub-domains) is a Platform operated by Elen Financial Software Ltd (“We”). We are registered in England and Wales under company number 11680470 and have our registered office at Sophia House, 28 Cathedral Road, Cardiff, Wales CF11 9LJ. Our main trading address is Sophia House, 28 Cathedral Road, Cardiff, Wales CF11 9LJ. Our VAT number is GB328626094. We are a limited company.

To contact us, please email contact@elen.co.


By using our Platform you accept these terms

By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Platform.

We recommend that you print a copy of these terms for future reference.


There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Platform:

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.
 

We may make changes to our Platform

We may update and change our Platform from time to time to reflect changes to our products, our users’ needs and our business priorities.


We may suspend or withdraw our Platform

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
 

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
 

Platform users

Our Platform has two types of users:

  • Business Users, who are specialist financial advisers using our Platform to interact with their financial advice clients; and

  • End Users, who are clients of financial advisers using the Platform to interact with their financial advisers.


You must keep your account details safe

If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@elen.co.
 

How you may use material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 

Do not rely on information on this Platform provided by Us

The content on our Platform provided by Us is provided for general information only. It is not intended to amount to advice on which you should rely.

Specialist advisers will use our Platform to give financial advice to their clients. We do not give any financial advice or any advice of any nature through our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
 

We are not responsible for websites we link to

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.
 

User-generated content is not approved by us

This Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.


How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on support@elen.co.
 

Our responsibility for loss or damage suffered by you

Specialist advisers will use our Platform to give financial advice to their clients. We do not give any financial advice or any advice of any nature through our Platform.

Whether you are an End User or a Business User:

    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a Business User:

    • We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

    • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

      • use of, or inability to use, our Platform; or

      • use of or reliance on any content displayed on our Platform.

    • In particular, we will not be liable for:

      • loss of profits, sales, business, or revenue;

      • business interruption;

      • loss of anticipated savings;

      • loss of business opportunity, goodwill or reputation; or

      • any indirect or consequential loss or damage.
         

If you are an End User:
 

  • Please note that we only provide our Platform for domestic and private use between Business Users and End Users. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
     

How we may use your personal information

We will only use your personal information as set out in our privacy policy
 

Uploading content to our Platform

Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy.


You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.


You retain all of your ownership rights in any content you upload to our Platform, but you are required to grant us a limited licence to use, store and copy that content. The rights you license to us are described in Rights you are giving us to use material you upload.


We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
 

We do not store terrorist content.
 

Rights you are giving us to use material you upload

When you upload or post content to our Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence for Business Users (your financial adviser) or End Users (your financial advice clients) to use your content for their purposes.
 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Platform will be secure or free from bugs or viruses.


You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.


You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
 

Rules about linking to our Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.


You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


You must not establish a link to our Platform in any website that is not owned by you.


Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.


We reserve the right to withdraw linking permission without notice.


The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.


If you wish to link to or make any use of content on our Platform other than that set out above, please contact support@elen.co.


Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.


If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.