The Zurich Wrapper Comparison Adviser Tool. Terms and conditions

Transcription

1 The Zurich Wrapper Comparison Adviser Tool Terms and conditions July 2011

2 These Terms and Conditions are issued by Zurich Intermediary Group Limited ( Zurich ) and by using the Zurich Wrapper Comparison Adviser Tool (the Tool ), you confirm that: (1) you have read and understood these terms and conditions for the Tool; (2) you agree to abide by the terms and conditions for the Tool, as amended by Zurich from time to time; and (3) you have read and understood the Technical and User Guide to the Tool. Who can use the tool? The Tool is for the use of UK Authorised Intermediaries only. An Authorised Intermediary means an individual, company, firm or partnership which has: (1) appropriate authority from the FCA to carry out activities regulated under the Financial Services and Markets Act 2000; (2) downloaded the Tool having registered on the website or received the Tool directly from a Zurich Consultant and has provided an address on registration or to the Zurich Consultant; and (3) adequate working knowledge of UK investment bonds, unit trusts/oeics and offshore investment bonds in order to advise on the same. Reference to you or your in these terms and conditions is a reference to the Authorised Intermediary who agrees to abide by these terms and conditions. As the Tool is not intended to provide, and does not constitute, professional advice, under no circumstances is a person who is not an Authorised Intermediary, or an employee, officer or agent of an Authorised Intermediary, permitted to use the Tool. The Tool is for the use of Authorised Intermediaries only and neither it nor its output should be distributed to, used by or relied upon by retail customers. It is the Authorised Intermediary s responsibility to ensure that all employees, officers or agents using the Tool have read and accepted these terms and conditions, have received thorough training to use the Tool, have appropriate authority from the FCA to carry out activities regulated under the Financial Services and Markets Act 2000 and have adequate working knowledge of investment bonds and unit trusts/ OEICs in order to advise on the same. Informational tool The Tool is an informational tool that provides information and general investment bond and unit trust /OEIC planning guidance only. It does not provide advice. You are responsible for all fact-finding and advice. You must ensure that you have read and understood the information on the operation and limitations of the Tool, as set out in these terms and conditions and in the Technical and User Guide. Liability Zurich shall have no liability for direct, indirect or consequential losses (including without limitation claims against you by third parties or claims for loss of profit or loss of revenue) to either you or your client in tort (including negligence), contract, or otherwise in respect of your use of the Tool. Nothing in these terms and conditions shall exclude or restrict Zurich s liability for fraud, or for death or personal injury caused by Zurich s negligence. General The Tool is provided by Zurich free of charge. Subject to the information set out in these terms and conditions and the Technical and User Guide, Zurich has taken all reasonable steps to ensure that the information provided by the Tool is accurate and current at the date of issue. However, it is not guaranteed that such information is accurate as of the date of receipt or use by you or that it will remain so in future. You are responsible for validating the integrity of any information provided by the Tool. In order to help keep the content of the Tool as up to date as practicable, each issue will expire at a date in the future. On expiry, the Tool will be clearly marked This version is out of date after which time the Tool can no longer be used. Any saved versions of the Tool will be affected similarly, and you will be unable to view any data. Between issue and expiry dates Zurich will use reasonable endeavours to provide updates using the address supplied by the Authorised Intermediary at registration. 2

3 The issue date and the future expiry date are clearly shown on the home page of the Tool and updated versions will be developed to replace expired versions. You should always satisfy yourself that any action you take or advise others to take in reliance on any of the information and guidance provided by the Tool is suitable in any particular case. The Tool is for the use of Authorised Intermediaries only and neither it nor its output should be distributed to, used by or relied upon by retail customers. If any person to whom you provide advice or recommendations is made aware or becomes aware of your use of the Tool, they should be made aware of the limitations of the Tool. You should also ensure that such persons are made aware of any warnings and disclaimers relevant to the use of the Tool. To the extent that you fail to do so you agree to indemnify and keep indemnified Zurich for any loss, damage, cost or expense which Zurich may suffer in connection with such failure or in connection with any claim against Zurich by any third party you have advised. You acknowledge that you are responsible for all acts and omissions of any person or organisation that accesses the Tool using the password provided to you at registration whether with or without your authority to do so. Legal and regulatory Nothing in the Tool should be construed as an offer or recommendation to sell or buy any product. Information provided by the Tool does not constitute investment, legal, tax or other professional advice. Zurich Intermediary Group Limited ( Zurich ) is a company registered in England with registration number Zurich is authorised and regulated by the Financial Conduct Authority, is a member of the Zurich Group of companies, and has its registered address at The Grange, Bishops Cleeve, Cheltenham, GL52 8XX. Tool availability Zurich reserves the right in its absolute discretion and without cause to restrict full or partial access to the Tool at any time without notice to all or any users. Zurich accepts no liability for any loss that may arise (directly or indirectly) if, for any reason, the Tool is unavailable at any time. Intellectual property Copyright and all other intellectual property rights worldwide in the Tool are owned by the Zurich Group of companies. You may use the Tool only for your own business use as an Authorised Intermediary. You are permitted to print pages from the Tool provided that: 1. acknowledgement is given to the source of the materials; 2. you do not remove, suppress or modify in any way any proprietary marking or displayed content, including any trade mark, copyright notice, warning, legal disclaimer, instruction or direction as to the use of the Tool, or in the Tool or which is visible during its operation or which is in any related documentation; 3. other than in the ordinary course of your business, you do not copy, download, upload, distribute, adapt, republish, de-compile, disassemble, translate or transmit in any way the Tool or information retrieved from the Tool unless you have obtained the prior written consent of Zurich as appropriate. Zurich reserves the right, without notice, to change the content, presentation, performance, and availability of any part of the Tool. You shall not acquire any title copyright or other proprietary rights in the Tool or in any copies of it. 3

4 Personal data No information about you or your client can be stored by Zurich when you use the Tool. You may choose to input personal information about your clients using the facilities provided by the Tool. For the purposes of the Data Protection Act 1998 (as amended or re-enacted, the Data Protection Act ) you are the data controller of such information and you are responsible for ensuring you comply with, and by accepting these terms and conditions you agree to comply with, all provisions of the Data Protection Act. Zurich is not liable for any loss or damage suffered as a result of any breach of the Data Protection Act or otherwise for personal information in respect of which you are data controller. Operation and limitations This section outlines the basis of operation of the Tool and includes important information on some of the limitations of the Tool that Zurich is reasonably aware of. More detailed limitations of the Tool are set out in the Technical and User Guide, which also sets out the objective of each page of the Tool as well as providing some hints and tips for its use. The Technical and User Guide should be read carefully and understood before using the Tool. (1) Information gathering and advice process The Tool is focused on gathering certain specific information relevant to the comparison of wrappers only. The Tool is a limited tool and should not form the basis for advice to your client. A full fact-find and full assessment of your client s needs should be made before providing any guidance or advice. The Tool does not replace key features documents or illustrations, or the suitability report, all of which remain a vital part of the sales process. As the client s financial adviser, you remain responsible for all fact-finding and advice. Zurich is not responsible for the final report, recommendation or advice provided to your clients. There will be circumstances where the Tool cannot accept some data. In such circumstances, it is the responsibility of the user to record such occurrences and deal with them separately. (2) Investment bond v unit trust/ OEIC Comparisons The Tool will provide guidance as to the potential net returns (after charges and wrapper and personal tax) for your clients based on your inputs to the Tool. In all cases, you must check the accuracy of these calculations. The Tool is intended as a comparator of potential returns and is intended as a high level guide only. (3) Scope The Tool has been designed for use when advising UK domiciled and resident individuals. The Tool should not be used when advising non-uk domiciled and resident individuals. The Tool does not include a comparison with investments within an ISA wrapper. As part of the fact-find process, if it is not obvious where any detail should be recorded on the Tool, then it is your responsibility to record it separately, in which case it will be outside the scope of the Tool for planning purposes. Zurich is not able to offer dedicated support for the Tool, and first contact will always be your Zurich Consultant. The Tool is written in Excel. Zurich continues to offer a technical helpline for any queries you may have. (4) Planning The Tool does not prescribe what, if any, planning solutions should be used, nor in what order. This is your responsibility. (5) Changes in the law and taxation Taxation law is subject to change. Such changes cannot be foreseen. These terms and conditions are based on our understanding of current law and practice as at the date of issue of these terms and conditions. (6) Software problems The Tool is written in Microsoft Excel 2002 SP3, a widely used software programme. In order to improve the presentation of the Tool, and to make it easier to use, we have used macros. Zurich cannot accept any responsibility for any interruption or damage this may cause to other Excel programmes you may use on your PC or laptop. 4

5 (7) Important notes The Tool is not designed to be used by the clients of Authorised Intermediaries. It is for the use of Authorised Intermediaries only and neither it nor its output should be distributed to, used by or relied upon by retail customers. Links to other websites (not applicable now, but may be in future) Any links made by Zurich from the Tool to other websites are designed to allow you to access more information. Zurich gives no endorsement and accepts no liability for the operation, accuracy or content of linked websites. You agree that neither you nor any other person or company whatsoever may link into the Tool without Zurich s prior written consent. Jurisdiction English law governs these terms and conditions and the Tool and any dispute shall be resolved under the exclusive jurisdiction of the English courts. These terms and conditions form a binding agreement between you and Zurich, and you may not assign or otherwise transfer your rights or obligations under this agreement. These terms and conditions may be changed without notice at Zurich s absolute discretion in respect of future use of the Tool and so you should re-read the terms and conditions each time you enter a new version of the Tool. 5

6 NP (06/15) RRD For intermediary use only not for use with your clients Zurich Assurance Ltd, authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered in England and Wales under company number Registered Office: The Grange, Bishops Cleeve, Cheltenham, GL52 8XX. Telephone: Zurich Intermediary Group Limited, authorised and regulated by the Financial Conduct Authority. Registered in England and Wales under company number Registered Office: The Grange, Bishops Cleeve, Cheltenham, GL52 8XX. We may record or monitor calls to improve our service.