Terms and Conditions

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1. Terminology used in these Terms 

Adviser Information means any and all information obtained by the Intermediary and/or Individual Users from us which (i) is intended for use by financial advisers only, and/or (ii) we have indicated should not be passed on to Clients and/or Prospective Clients.

Application Form means the application form completed in respect of any product offered by Phoenix Life and/ or Standard Life International and/or another member of the Phoenix Group.

Client(s) means where appropriate, an individual or individuals (including, where relevant, trustees) who has:

• nominated the Intermediary to provide them with advice or for whom the Intermediary is acting as agent; and
• signed an Application Form

Data Protection Law means any law that applies from time to time to the processing of personal information and special category data by either us or the Intermediary under these Terms  and to include the EU Privacy & Electronic Communications Directive 2002/58/EC, Regulation (EU) 2016/679 (from the date that it enters into force in the United Kingdom), the Data Protection Act 2018 and all other national implementing legislation and subordinate legislation in the United Kingdom and any applicable decisions and guidance made under them.

Denial-of-Service Attack is an attempt to make a computer resource unavailable to its intended users.

Force Majeure Event literally means 'superior event'. It is an event that couldn't be predicted or if predicted its consequences are too drastic to plan for in a contract. In these Terms it means:

• act of God, fire, earthquake, storm or flood,
• explosion, nuclear accident or collision,
• sabotage, riot, civil disturbance, insurrection, epidemic, national emergency (whether in fact or law) or act of war (whether declared or not) or terrorism,
• requirement or restriction of or failure to act by any government, semi-governmental or judicial entity (other than a regulatory change),
• unavoidable accident,
• loss of supply of essential services including but not limited to electrical power, telecommunications,  air conditioning and third party services,
• any Denial-of-Service Attack or other targeted network attack, or
• any other cause beyond our reasonable control,

as a consequence of which Standard Life Assurance and/or the relevant member of Phoenix Group can no longer provide the relevant Services for a given period.

FCA means the Financial Conduct Authority or any successor regulator. The FCA can be contacted at 12 Endeavour Square, London, E20 1JN.

FCA Rules means the Handbook of Rules and Guidance of the FCA or any successor regulator to the FCA, as amended from time to time.

Individual User means the Intermediary's employees, agents and/or subcontractors who have access to the Site(s).

Information means any and all information, literature and data (excluding personal information or special category data) contained on the Site(s) being registered for and/or provided as part of the Services whether in paper or electronic form.

Intermediary means the authorised firm named as such in the Registration Form.

Intermediary Terms of Business means the intermediary terms of business (as updated from time to time) governing the Intermediary’s relationship with the Phoenix Life and Standard Life International.

Password means the single use password provided to each Individual User by us or any subsequent password chosen by an Individual User to access, together with the User ID, certain parts of the Site(s) and the Services.

Phoenix Group means Phoenix Group Holdings plc registered in England (11606773) at 20 Old Bailey, London, England, EC4M 7AN, together with its subsidiaries, subsidiary undertakings and associated companies (whether direct or indirect) from time to time and a 'member' of Phoenix Group shall be construed accordingly.

Product means any and all products offered and/ or to be developed by Phoenix Life and/ or Standard Life International and/or Phoenix Group and offered through the Site(s) from time to time.

Product Literature means the full terms and conditions and/or policy provisions that apply to each Product.

Prospective Client means an individual (including, where relevant, a trustee) who has:

• nominated the Intermediary to provide them with advice or for whom the Intermediary is acting as agent; and
• not signed any Application Form.

Registration Form means the registration form or forms that Individual Users complete on behalf of the Intermediary as part of the registration process to enable the Intermediary and Individual Users to use the Site(s) and the Services.

Services means the provision of on-line services which are provided through the Site(s) including but not limited to access to the Information and any business activities which are conducted electronically, by Phoenix Life and/or the relevant members of the Phoenix Group.

Site(s) means the secure services and/or extranet(s) which are provided by Phoenix Life and which are accessed through www.standardlife.co.uk/adviser.

Phoenix Life Limited , trading as Standard Life, is registered in England and Wales (1016269) at 1 Wythall Green Way, Wythall, Birmingham, B47 6WG; and is authorised by the Prudential Regulation Authority, and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Standard Life International means Standard Life International dac, registered in Dublin, Ireland (408507),is a designated activity company limited by shares with its registered office at 90 St Stephen’s Green, Dublin D02 F653. Standard Life International dac is authorised and regulated by the Central Bank of Ireland; deemed authorised by the Prudential Regulation Authority and subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. The nature and extent of consumer protections may differ from those for firms based in the UK. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website. Standard Life International dac is part of the Phoenix Group.  

Terms means the terms and conditions contained in this document.

Transaction Services means the services provided by Phoenix Life and/or the relevant members of Phoenix Group from time to time enabling the purchase, sale and management of Products via any of our Site(s) offering transactional capability, or via the telephone. For the avoidance of doubt, the 'Transaction Services' will fall within the definition of 'Services'.

UK means the United Kingdom.

User ID means the user identification provided by us to enable Individual Users to access certain parts of the Site(s) and the Services.

we, our or us means Phoenix Life and each member of the Phoenix Group accepting business from, or providing Services to, the Intermediary from time to time under these Terms.

 

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2. Intended audience and use

2.1 The Site(s) are for Intermediaries and Individual Users with a place of business in the UK, Channel Islands or Isle of Man in relation to such Products as we may notify the Intermediary of from time to time.

 

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3. Registration

3.1 In order to obtain access to some of the Services the Individual User will be required to register with us, on behalf of the Intermediary, on the Registration Form which will be delivered to us electronically using a secure link.

3.2 Subject to the FCA Rules, we have full discretion to accept or to refuse to accept an application to gain access to certain parts of the Site(s) and/or the Services. We reserve the right to reject the application without giving reasons for doing so.

3.3 The Intermediary is responsible for ensuring that the information and details submitted to us in the Registration Form and through use of the Services are true, accurate and complete in all material respects. The Intermediary and/or the Individual User must notify us as soon as reasonably possible if they become aware that any such information or details have changed.

3.4 The Intermediary will be responsible to the members of Phoenix Life for the following:

• awareness of these Terms by each Individual User;
• compliance by each Individual User with these Terms;
• the Individual User's lawful use of the Site(s) and the Services;
• ensuring that any User ID and/or Password is not used to access parts of the Site(s) or the Services by anyone except the relevant Individual User;
• the approval of each Individual User to use certain parts of the Site(s) and the Services;
• that each Individual User is lawfully entitled, and has all the necessary approvals, to entitle such Individual Users to receive the Information and use the Services; and
• the agreement to such other terms and conditions in connection with the Individual Users' use of the Site(s) and the Services as may be required by us from time to time.

 

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4. Security precautions

4.1 To access certain parts of the Site and/or Services we will allocate a User ID and a single use Password to Individual Users at the Intermediary's request and the Individual Users will need to choose a new Password. Anyone who possesses this information will be able to access the Site(s) and the Services as that Individual User. This information must not:

• be written down and/or disclosed to anyone else;
• be recorded in such a way that it could be understood by anyone else and
• be stored on a computer to remember this automatically.

4.2 The Intermediary is responsible for access to the Site(s) and the Services and all instructions placed using the User ID and Password of any Individual Users. We will treat such instructions as genuine and carry them out, even if given in error, unless we have received prior notification of unauthorised use from the Intermediary and/or the Individual User.

4.3 Each User ID and Password is for a single Individual User only. Individual Users are not permitted to share their User ID and Password with any other person, not even to our staff, your colleagues or anyone else in your organisation nor with multiple users on a network. Neither our staff nor anyone in your organisation should ever ask for the password to be disclosed to them.

4.4 If an Individual User and/or the Intermediary believes that someone else knows of a User ID or Password or is accessing the Site(s) and the Services without permission, the Intermediary must ensure that the Individual User and/or the Intermediary changes the relevant User ID and/or Password using the on-line facility, and telephones us to alert us, immediately. If the Individual User and/or the Intermediary fails to do so, we will not be responsible for any loss suffered by the Intermediary, or any Client(s) and/or Prospective Client (s) as a result.

4.5 The Intermediary must notify us immediately if an Individual User ceases to be entitled to access the Information or use the Services and/or the Site(s) (for example if an Individual User ceases to be the Intermediary's employee, contractor or agent) that require log-in access or if their level of access needs to be changed. If we are instructed to transfer the Intermediary's client bank to another intermediary, we will transfer the relevant User IDs in relation to that client bank to the new intermediary unless notified otherwise in writing by the Intermediary or the new intermediary at the time of the transfer. For the avoidance of doubt, the new intermediary will take full responsibility in accordance with these Terms for use of the Site(s) and the Services by Individual Users registered under all of the relevant User IDs that have been transferred to the new intermediary with effect from the date of the transfer.

4.6 Where the Individual User makes use of a digital certificate (whether issued by us or a third party) in using the Services, the Intermediary must ensure that the Individual User treats the digital certificate with at least the same standards of security as those set out in these Terms in respect of User IDs and Passwords.

4.7 We will never ask you to provide security details or other personal information via e-mail or an internet link.

Please be aware that third parties with no connection to Phoenix Group (Phoenix Group Holdings plc and its subsidiaries) may misuse the Standard Life name and logo for fraudulent purposes. This includes sending unsolicited e-mails purporting to be from Standard Life/Phoenix Group companies requesting security details and other personal information. If you are in any doubt about the source of an e-mail or other communication, please contact your local Standard Life/Phoenix Group office.
 

 

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5. The Intermediary's relationship with us

General

5.1 The Intermediary will, and will ensure that its Individual Users, act lawfully, honestly and in a professional and diligent manner in their use of the Site(s) and the Services. The Intermediary will not, and will ensure that its Individual Users do not, act in a manner which could adversely affect our reputation.

5.2 The Intermediary must ensure that Individual Users make use of the Information and the Services solely for the Intermediary's purpose and will not make the Information and the Services available to third parties without our prior consent.

5.3 Where applicable, the Intermediary must ensure that Individual Users only access Information relating to the Intermediary or the Clients and/or Prospective Clients provided that the Individual User is an employee or agent of the Intermediary and has its authority to do so. If we have reason to believe that an attempt has been made to access any Information relating to the Intermediary or the Clients and/or Prospective Clients through the Site(s) or Services by an Individual User who has ceased to be an employee or an agent of the Intermediary, or whose authority has been otherwise revoked by the Intermediary, we may communicate this to Phoenix Life or the relevant members of Phoenix Group, and we may revoke the Individual User's access in accordance with sub-clause 5.5.

5.4 If we are not reasonably satisfied at any time that an instruction we receive has been adequately authenticated, we may refuse to accept it, without incurring responsibility or liability to the Intermediary or its Clients and/or Prospective Clients.

5.5 We may restrict or remove user access to certain parts of the Site(s) and the Services at our reasonable discretion at any time. For example, this may be necessary for security reasons.

5.6 The Intermediary does not have authority to act on our behalf or as our agent or to bind or purport to bind us in any way.

5.7 The Intermediary is required to maintain sufficient insurance cover with a reputable insurance company in accordance with the relevant FCA Rules.

Confidentiality

5.8 The Intermediary shall, and shall ensure that Individual Users, treat as confidential any confidential information which is obtained as a result of entering into or performing any obligations under these Terms. This clause is without prejudice to the provisions of any non-disclosure agreement between the Intermediary and us.

5.9 The Intermediary shall use Adviser Information strictly in accordance with the purpose for which it is intended. In particular, Adviser Information should not be passed to Clients and/or Prospective Clients or disclosed to third parties outside the Intermediary's organisation without our prior written consent.

Third parties

5.10 We may from time to time put the Intermediary and Individual Users in touch with third parties, who can provide certain additional services. The Intermediary should take such precautions as it deems reasonable in connection with its relationship with such third parties (for instance, ensuring data is backed up where appropriate). It will be the Intermediary's decision as to whether or not it uses the services of these third parties, and we do not accept any responsibility or liability for the Intermediary's relationship with such third parties or any loss or damage arising from it.

5.11 We may provide the Intermediary and Individual Users with links to websites operated or owned by third parties outside the Phoenix Group, which allow access and use of certain material and information. We do not have any control over such websites or the information contained on them, and do not accept any responsibility or liability in connection with access or use of them. We do not endorse, authorise or sponsor, nor are we affiliated to, such sites or their content, owners or providers, unless otherwise stated.

Computer Misuse

5.12 The Intermediary must not perform, or permit any Individual Users to perform, any Denial-of-Service Attack on the Site(s).

5.13 The Intermediary must ensure that Individual Users do not:

• misuse the Site(s) by knowingly introducing computer viruses or any other material which is malicious or technologically harmful; or
• attempt to gain unauthorised access to the Site(s), the server on which the Site(s) are stored or any server, computer or database connected to the Site(s).

5.14 By breaching sub-clauses 5.12 and/or 5.13, the Intermediary would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and may disclose the Intermediary's identity to them. In the event of such a breach, the Intermediary's and the Individual Users' right to use the Site(s) will cease immediately and automatically without notice.

5.15 We will not be responsible for any loss or damage as a result of:

• any attack by a third party on our systems; or
• any computer virus or any other malicious or technologically harmful material that may infect the Intermediary's computer equipment, computer programs, data or other proprietary material due to use of the Site(s), or due to downloading of any material posted on the Site(s), or on any website linked to them.

 

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6. Liability and indemnity

6.1 Subject to 6.9, we and the Intermediary are responsible for complying with the FCA Rules and all relevant laws and applicable regulations relating to the Site(s), and the Services, and undertake to each other to do so at all times.

6.2  We and the Intermediary agree to co-operate with each other in connection with the application of the FCA Rules and any relevant laws and regulations in relation to the Site(s) and/or Services.

6.3 We do not guarantee that the Site(s) and the Services can be accessed at all times during the UK hours of business stated on the Site(s) which are being registered for or as indicated by us. The Site(s) and the Services may be temporarily unavailable or restricted for administrative or other reasons. If this happens we will endeavour to restore access to the Site(s) and availability of the Services as quickly as possible.

6.4 We do not guarantee that the Site(s) or the Services will be available outside the UK, that accessing or using the Site(s) and the Services in any jurisdiction outside the UK is compliant with local laws or regulations or that the Information can be legitimately used or accessed outside the UK. We will not be liable for any loss or damage arising out of or in connection with such use or access, or out of the unavailability of the Site(s), the Services or the Information outside the UK.

6.5 Nothing in these Terms will exclude or limit our liability for death or personal injury which has been caused as a result of our negligence, fraud, fraudulent misrepresentation, or wilful default, or for any other liability we are not permitted to limit or exclude by law. However, and subject to the foregoing sentence, we will only be liable to the Intermediary for losses the Intermediary suffers to the extent that these arise directly as a result of our negligence, fraud or wilful default in relation to the Site(s) and/or Services.

6.6 Subject to sub-clause 6.5, we shall not accept any liability for any costs, losses or damages resulting from or related to the availability or content of the Information and use of the Services in respect of persons who are nominees or trustees for citizens, residents or nationals of other countries.

6.7 The Intermediary hereby waives any claim it may have or acquire against us and indemnify and hold us harmless from any claims, lawsuits, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits or loss of business arising out of or relating to your use of the Information.

6.8 Subject to sub-clause 6.5, we will use reasonable endeavours to ensure that all the Information we provide is accurate, current and complies with relevant UK laws and regulations as at the time of issue. However, we cannot guarantee that this will be the case

6.9  We do not accept liability or responsibility for any Information that we do not produce directly. For example, this may be out of our control where we are reliant on a third party to provide accurate Information. Although carefully verified, data computations which are not made by us are not guaranteed by us and may not be complete or accurate.

 

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7. Availability of the Information, Services and the Site(s)

7.1 From time to time we may change the content, presentation, performance, facilities, the availability of any part of the Information, the Services, the Site(s), and the way in which any of these are provided. We will always use our reasonable endeavours to provide the Intermediary with as much advance notice as possible of any changes which are material or substantial.

 

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8. Transaction Services

8.1 We have delegated certain of our administrative and custodial services in respect of the Transaction Services to third parties and we have satisfied and will continue to satisfy, ourselves that such third parties are competent to carry out these delegated functions. The Intermediary acknowledges and consents to the delegation by us of some or all of the administrative and custodial services in respect of the Transaction Services to such third parties as we may from time to time appoint, and undertake to co-operate fully with all such third parties. The Intermediary's contractual relationship will remain at all times with us.

8.2 The Intermediary will be responsible for:

• sending us Clients' and/or Prospective Clients' applications for any Products;
• checking that any Contract Note sent following the execution of an instruction is accurate, and informing us as soon as reasonably possible if this is not the case;
• undertaking the necessary 'Know Your Customer' checks as required by the FCA and other relevant industry bodies from time to time. These include but are not limited to source of wealth and money laundering checks; and
• providing us with any instructions, notifications or information required under the Product Literature in good time.

8.3 We will, on request, supply the Intermediary with copies of any document which it reasonably requires to carry out its obligations under these Terms.

8.4 The Intermediary shall, when requested, provide us with a statement of:

• its FCA or other relevant regulatory body firm reference number;
• confirmation of whether the Intermediary is or is not authorised to hold 'client money' (as defined in the FCA Rules); and
• the notifications required under the Anti-Money Laundering legislation.

8.5 The Intermediary shall pass to Clients and/or Prospective Clients immediately, and without any amendment, all documents supplied or made available to it by us for the information of, or for completion by, Clients and/or Prospective Clients. Where any such document is to be returned to us, the Intermediary shall return it to us as soon as reasonably possible after it is completed by the Client and/or Prospective Clients.

8.6 The Intermediary acts on behalf of and as agent for Clients and Prospective Clients. We will presume that the Intermediary acts on behalf of and as agent for Clients and Prospective Clients (including for the purposes of passing instructions to us) unless and until we are advised in writing otherwise. The Intermediary is responsible for and must ensure that all necessary documentation and/or forms are completed to establish and carry out transactions for Clients.

8.7 The Intermediary will act promptly and strictly in accordance with the instructions it receives from and on the full authority of Clients and/or Prospective Clients. The Intermediary is responsible for ensuring that such instructions and authority are relevant, appropriate and authorise the Intermediary to transact on behalf of Clients, for each and every transaction that is carried out. The Intermediary must at all times comply with its obligations under the FCA Rules and any relevant rules and regulations in relation to such instructions.

8.8 The Intermediary must notify us immediately if it becomes aware that any instruction or transaction is not recognised or is or may be incorrect.

8.9 The Intermediary is responsible for ensuring that any Products and/or investments provided to Clients through the Site(s) are suitable for Clients.

8.10 The Intermediary is solely responsible for advising its Clients and Prospective Clients, including in relation to the Transaction Services and for advising upon or managing its Clients' and/or Prospective Clients' portfolio of Products and/or investments.

 

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9. Changes to these Terms

9.1 From time to time, we may alter these Terms, for example due to changes in legislation, new industry regulations or system improvement, without prior notice. The Individual User will be automatically notified of any such change on-line when the Individual User next logs on which will require clicking for their acceptance of the changes on behalf of the Intermediary. We also reserve the right to change the access requirements of the Site(s) without prior notice where this change reflects best practice.

 

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10. Communication

10.1 We may communicate in a number of different ways including post, e-mail, certain forms of electronic messages and fax. The Intermediary accepts that we do not accept communications by SMS message.

10.2 We are entitled to rely on any communications which the Intermediary and Individual Users send and which we receive.

10.3 If the Intermediary and/or the Individual User chooses to send e-mails to us, the Intermediary and/or the Individual User does so at the Intermediary's own risk because there can be no guarantee that we will receive any e-mail that is sent to us, or that the content of the e-mail will remain private or unaltered during its transmission to us. We will accept no liability for any loss or damage the Intermediary or the Client and/or the Prospective Client may suffer as a result of this. If this causes concern, the Intermediary and/or the Individual User may prefer to contact us by telephone or post.

10.4 We virus scan all e-mails but will not be responsible for any damage caused by a virus or alteration by a third party after it is sent. We recommend that the Intermediary employs reasonable virus detection and protection measures when accessing e-mails sent from us.

 

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11. Use of Personal information

11.1 Both the Intermediary and we are data controllers of the personal information that is processed in relation to the Clients and Prospective Clients and we will both comply with our obligations as defined by Data Protection Law. Data controller, data processor and special category data have the same meanings as that under Data Protection Law. Personal information has the same meaning as personal data under Data Protection Law.

11.2 We will collect and use personal information about the Intermediary and that of its Clients and Prospective Clients such as name and date of birth in order to provide our services, to manage our relationship with the Intermediary or to comply with laws, regulations or an instruction from the FCA or other competent regulatory authority. We may also use the information collected to assess and improve our business and the service that we offer.

11.3 It may also be necessary as part of these services to collect and use personal information which is defined as 'special category data' under Data Protection Law.  Any special category data will only be collected and used where it’s needed to provide the services or to comply with our legal or regulatory obligations.  We will normally require the individual's explicit consent for this, and the Intermediary should not provide us with any special category data unless the Intermediary has obtained the individual's explicit consent.

11.4 To provide our services and meet our legal and regulatory obligations, we will keep personal information and copies of the records we create (e.g. calls with us) while the Intermediary has a relationship with us under these Terms.  When the Intermediary no longer has a relationship with us, we are required to keep information for different legal and regulatory reasons.  The length of time will vary and we regularly review our retention periods to make sure they comply with the relevant laws and regulations.

11.5 The information collected may be shared with the Phoenix Group and other companies we work with to support us in the provision of the services.  We may also share personal information with appropriate regulatory authorities including the FCA and HM Revenue & Customs where necessary and lawful to do so. Whenever we share personal information, we will do so in line with our obligations to keep personal information safe and secure.

11.6 The Intermediary warrants, represents and undertakes to us that, prior to communicating a Client’s, a Prospective Client’s, and / or any individual's personal information and/or special category data, through any application form or otherwise, the Intermediary will: fully explain to the relevant individual that such information may be used in the manner specified in this section 11; and, with regard to special category data, obtain the Clients' and Prospective Clients' explicit consent to this.

11.7 The majority of your information is processed in the UK. However, some of your information may be processed by us or the third parties we work with in the European Economic Area (EEA) and countries such as the United States and India. Where your information is being processed outside of the UK we take additional steps to ensure that your information is protected to at least an equivalent level as would be applied by UK data privacy laws e.g. we will put in place legal agreements with our third party suppliers and do regular checks to ensure they meet these obligations.

On-Line Joining for Group Pension Schemes

11.8 If Individual Users use Standard Life Assurance’s online joining facility to submit or access personal information, and the Group Pension Scheme ("Scheme") is part of the Standard Life Appropriate Personal Pension Scheme, the Standard Life Stakeholder Pension Scheme or Stanplan A, then the Intermediary is acting as the employer’s or trustee's data processor. The Intermediary must follow the employer’s or trustee's instructions on the use of any personal information that the Intermediary collects, records, holds or processes for the purposes of the Scheme and the Intermediary must not use such information for any other purposes.

11.9 The Intermediary must take reasonable steps to ensure that it has appropriate processes in place to prevent unauthorised or unlawful processing of personal information and its accidental loss, destruction or damage. The Intermediary must also provide Phoenix Life with any additional information (including any data held by it for the purposes of the scheme that is not held on the Site(s)) that Phoenix Life may require from the Intermediary in order to respond to a subject access request which Phoenix Life receives from a Client and/or a Prospective Client.

11.10 Phoenix Life and the Intermediary will be the Data Controllers in relation to that Client's Personal Data and Sensitive Personal Data.

11.11 If Individual Users use the on-line joining facility and the employer chooses the trustees of the Scheme, Phoenix Life as data processor will take appropriate security measures to protect the personal information which it receives, in connection with the Scheme. Phoenix Life will only use the personal information which is provided for the purposes of administering the Scheme. Phoenix Life will not use it for any other purpose unless it is requested to do so.

 

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12. Intellectual Property

© 2023 Phoenix Group Management Services Limited. All rights reserved.

12.1 Copyright in the pages of this site, in the screens displaying the pages and in the information and material contained therein and their arrangement, is owned by a member of the Phoenix Group, unless otherwise indicated.

12.2 Certain images and content used in the pages of this site are reproduced under licence.

12.3 "Standard Life" and the “Standard Life” logo are registered trade marks of Phoenix Group Management  Services Limited and used by Phoenix Life Limited, Standard Life and Standard Life International dac under licence. Phoenix Group Management Services Limited and other members of the Phoenix Group may also claim trade mark and service mark rights in other marks contained on the pages of this site.

12.4 For the avoidance of doubt, in the event that an Individual User reproduces or customises any of the pages of the Site (s), the intellectual property rights in such customised pages shall belong to the Phoenix Group.

Please note:

• Google Play is a registered trademark of Google LLC.
• Apple and the Apple logo are trademarks of Apple Inc. App Store is a service mark of Apple Inc.

 

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13. Termination

13.1 We may terminate these Terms by giving 30 days' written notice in accordance with clause 14.For the avoidance of doubt, if these Terms are terminated (for whatever reason), they will be terminated between the Intermediary and Phoenix Life and each member of the Phoenix Group.

13.2 In the event that any one party:

• is in material breach of these Terms, where such material breach is not capable of being remedied;
• ceases to hold any authorisations, permits or approvals relevant to the Services;
• ceases, or threatens to cease to carry on its business; or
• is unable to pay its debts as they fall due, or a petition is presented or meeting convened for the purpose of winding up its business (except a voluntary winding up for purposes of reconstruction or amalgamation on terms previously approved in writing by us), or compounds with its creditors generally, or has a receiver, administrative receiver or administrator appointed for all or any part of its assets, or takes or suffers any similar action in consequence of debt,

the other party may terminate these Terms immediately by serving notice to this effect.

13.3 In the case of material breach of these Terms by any one party, if this is capable of remedy the party not in breach may require it to be remedied within 10 working days by serving a request on the party in breach to this effect. In the event that such material breach has not been remedied in accordance with such request, the party not in breach may then serve notice terminating these Terms with immediate effect.

13.4 In addition, we may end the relationship with the Intermediary if in our reasonable opinion, Individual Users and/or the Intermediary are in breach of any generally accepted guidelines on internet usage and etiquette.

13.5 These Terms will end automatically in the event that the Intermediary's relationship under the Intermediary Terms of Business is brought to an end.

13.6 Termination of our relationship will not affect any accrued rights or liabilities of either of parties under these Terms.

13.7 In the event of termination (for any reason):

• access or use the Site(s), the Services or a part thereof and the Information under these Terms shall automatically terminate without notice; and
• where we ask the Intermediary to do so, it shall return to us all correspondence, documents and other information provided by us (or any of our representatives) which may be in the Intermediary's possession or control. To avoid any doubt, this sub-clause 13.7 does not apply to Individual Users' personal information or special category data, or that of any Client or Prospective Client, or any information which the Intermediary is required to hold for legal or regulatory reasons.

 

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14. Force Majeure

14.1 The performance of our obligations under these Terms may be interrupted and will be excused by the occurrence of a Force Majeure Event affecting us or any of our sub-contractors.

 

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15. Notices

15.1 The notices that each party is required to serve on the other under these Terms must be in writing and can be served either by email, by posting the notice clearly on our Site(s), or by first class post to the last notified address of the party.

15.2 If a notice is served by email, it will be deemed to be delivered on the day it was sent, provided no non- delivery message is received by the sender.

15.3 If a notice is served by first class post, it will be deemed delivered 48 hours after posting.

 

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16. General

16.1 With respect to the Intermediaries and Individual Users of the Site(s) and/or the Services if there is an inconsistency between these Terms and the Intermediary Terms of Business, these Terms will prevail.

16.2 Neither the Services nor the Information shall be deemed to constitute an offer or solicitation to sell investments in any jurisdiction.

16.3 If either party fails to exercise any right or remedy under these Terms, this will not prevent them from doing so at any time in the future.

16.4 The words "including" or "include" and words of similar effect will not be deemed to limit the general effect of the words which follow them.

16.5 To avoid doubt, we may delegate or subcontract all or any part of our obligations under these Terms and the provision of the Services at any time provided that this will not be materially detrimental to the Intermediary. In addition, we may transfer our rights and obligations under these Terms to another member of the Phoenix Group, as the case may be, from time to time provided that this will not be materially detrimental to the Intermediary. We will give the Intermediary as much notice of any such transfer as we can.

16.6 The Intermediary will not be entitled to assign or sub-contract any of its rights or obligations under these Terms without the prior written consent of Phoenix Life or a member of the Phoenix Group which consent will not be unreasonably withheld or delayed.

16.7 Each provision of these Terms will be construed separately and in the event that any such provision may prove to be illegal or unenforceable the remaining provision of these Terms will continue in full force and effect.

16.8 The headings to clauses will not form part of these Terms and will not affect the interpretation of any clause.

16.9 All duties of non-disclosure, disclaimers, indemnities and exclusions contained within these Terms will survive termination.

16.10 Phoenix Life and each member of the Phoenix Group  shall be entitled to recover any loss suffered by it and generally to enforce these Terms and conditions in its own right in accordance with the provisions of the Contract (Rights of Third Parties Act) 1999.

 

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17. Governing Law

17.1 These Terms will be governed by English law. The parties submit to the non-exclusive jurisdiction of the courts of England.