Definitions:
" Communication" shall mean any communication transmitted by either party through the Service.
" Customer ID" shall mean the means of identification allocated by Us to enable You to authenticate Yourself when logging into the IFA Extranet, and where appropriate shall include a digital certificate issued by Unipass.
" FSA" shall mean the Financial Services Authority.
" Financial Adviser" shall mean a financial adviser holding the appropriate authorisation(s) or exemption(s) from the FSA (or any successor organisation) to carry out regulated activities as defined in Section 22 of the Financial Services and Markets Act 2000.
" Information" includes all data, databases and any information whatsoever obtained through the Service.
" PIN" shall mean the personal identification number chosen by You to use as a security measure in conjunction with Your Customer ID.
" Regulated Activities" means any and all regulated activities as defined in Section 22 of the Financial Services and Markets Act 2000.
" Scottish Widows" shall mean Scottish Widows Services Limited and its successors and permitted assigns.
" Scottish Widows Group" shall mean Scottish Widows Group Limited and its wholly owned subsidiaries and its successors and permitted assigns.
" Service" shall mean the Financial Adviser Extranet service and all Our electronic services and related web sites including all third party electronic services supported by Us.
" Terms of Business" shall mean Your terms of business with Us as may be amended by Us from time to time.
" You" or "Your" shall mean all individuals and/or entities accessing the Service as a Financial Adviser or as an intermediary in the conduct of activities that are not Regulated Activities including, without limitation, term assurance, mortgage business, critical illness assurance and income protection cover business.
" Us" or "Our" or "We" shall mean the Scottish Widows Group entity that You are dealing with through the Service.
The following are the Terms and Conditions on which You may use the Service.
1. Provision of the Service
a) You may use the Service solely in accordance with these Terms, the Terms of Business and any other instruction and direction for use supplied to You by Us via the Service or otherwise and You agree to comply with these Terms, the Terms of Business and any other instruction and direction.
b) As a condition of Your use of the Service You warrant to the Scottish Widows Group that You will not use the Service for any purpose that is unlawful or prohibited by these Terms.
2. Setting up Your Access to the Service
If, after reading these Terms and Conditions, You decide to use the Service, You will need to complete the registration form, which can be accessed after accepting these Terms. On receipt by Us of the completed registration form these Terms will form a legal and binding contract between You and Scottish Widows. You are deemed to have accepted these Terms and agree that the Service is to be provided on the basis of these Terms.
Following receipt of Your application and subject to Our approval and validation of Your registration We will advise You of Your Customer ID online. You will then be asked to provide a PIN. Both of these will then enable You to access the Service.
You acknowledge and agree that We shall only validate Your registration if You, Your employer or Your principal have entered into Terms of Business with Us.
Your right to use the Service is personal to You and You may not permit any other person to gain access to the Service using Your Customer ID and PIN. You may not sub-license, assign or otherwise transfer any of Your rights under these Terms.
You undertake to immediately notify Us either electronically or in writing of any change in any of the details provided by You on the registration form including without limitation any change of employment details.
3. Use of the Service
Your Communications to Us shall not be deemed to have been properly received and no Communication shall give rise to any obligation until it is accessible by Us.
In the event of corruption of a Communication, You shall re-transmit Your Communication to Us as soon as practicable with a clear indication that it is a corrected Communication.
You accept responsibility and liability for the completeness and accuracy of any Communication sent to Us through the Service and the Scottish Widows Group will not be liable for the consequences of any incomplete or incorrect Communication sent by You.
You agree to accord the same status to all Communications and Information received or sent through the Service as would be applicable to Communications and Information sent other than by electronic means, unless such Communications and/or Information can be shown to have been corrupted as a result of technical failure on the part of machine, system or transmission line.
4. Access and Use of Your Customer ID and PIN
We may, at any time, and at our sole discretion, suspend or terminate the use of Your access to the Service due to security, general administration or any other reason.
We will inform You as soon as reasonably possible of such suspension or termination. You may subsequently request access which shall be subject to Our approval.
If You forget Your Customer ID or PIN You should immediately notify Us and We will undertake any necessary security checks to enable You to be issued with a new Customer ID and PIN.
We shall not be liable for any inability by You to access the Services.
5. Acceptance of Instructions by Us
You authorise Us to treat any instructions received from You via the Service, as valid instructions without the need for further written advice from either You, the policy owner or the policy applicant. Notwithstanding the previous sentence, We reserve the right in relation to all instructions received through the Service, to require ratification of the instruction from the policy owner before effecting any such instruction. For the avoidance of doubt You acknowledge and agree that We will not effect any instructions where policy provisions do not allow instructions to be accepted and/or authorised electronically.
The Scottish Widows Group accepts no liability for any failure to carry out any instructions received through the Service. It is Your responsibility to notify Us in the event that You do not receive confirmation of acceptance of any instructions.
Any instructions received from You by Us in relation to business that you transact with Us will be subject to the terms and conditions applicable to that business. These Terms are additional to those terms and conditions and relate only to the Service. In the event of a conflict between these Terms and other applicable terms and conditions, these Terms shall prevail only in respect of matters specifically concerning use of the Service, and unless expressly provided otherwise.
6. Title
The copyright and any other intellectual property rights subsisting anywhere in the world to the Information accessed through the Service, including Your Customer ID and PIN are owned within the Scottish Widows Group. You have no rights to the Information, Customer ID and PIN other than as set out in these Terms. If You become aware of or suspect any infringement by any person of rights of the Scottish Widows Group in the Service You agree to promptly notify Us and to give Us any details You have in relation to such infringement.
7. Restrictions on Use
You may not copy, reproduce, duplicate, modify, adopt or lend, sell or otherwise transfer, in whole or in part, any of the Information except for the purpose of using the Service and producing print-outs for Your own use in the usual course of Your business.
You acknowledge and agree that You will be denied access to sections of the Service that contain confidential information of third parties or, where You are not accessing the Services as a Financial Adviser, that relate to Regulated Activities.
Where You are not accessing the Services as a Financial Adviser, You hereby represent, warrant and undertake to the Scottish Widows Group that You shall not transact, or take any steps to transact, Regulated Activities through the Service and/or represent to the Scottish Widows Group or any third party that You can transact Regulated Activities.
Without prejudice to the generality of any other indemnity given by You under these Terms, You hereby agree to indemnify the Scottish Widows Group in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or indirectly from Your breach of the warranty in the foregoing paragraph.
You acknowledge and agree that Scottish Widows may, without notice to You, notify any relevant regulatory body or authority including, without limitation, the FSA of any breach of these Terms by You.
Scottish Widows reserves the right to alter or remove the Service or any part of the Service without further notice to You.
8. Limitations of Liability
We shall use Our reasonable endeavours to ensure the reliability and accuracy of the Information and the Service, however the Scottish Widows Group does not warrant the reliability, accuracy or completeness of the Service or Information and shall not be held liable for any direct or indirect loss, damage, injury or expense which may arise out of or in connection with Your use, or loss of use of the Service.
The Scottish Widows Group shall not be responsible for maintaining any software, hardware or any equipment whatsoever ("Equipment") necessary to effectively and reliably transmit and receive communications using the Service. The Scottish Widows Group shall not provide any warranty as to the suitability or otherwise of Equipment.
You acknowledge that the Service is provided only on the basis set out in these Terms. Further, Your uninterrupted access to the Service on this basis, may be prevented by factors outside Our reasonable control ("Service Disruption") including, without limitation, the inoperation, inefficiency or unsuitability of Equipment and the unavailability, inoperation or interruption of the internet or other telecommunication services. Non-performance by the Scottish Widows Group of any of its obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from Service Disruption. The Scottish Widows Group does not accept any responsibility and shall not be held liable for any loss or damage arising out of or in connection with any Service Disruption.
You will indemnify the Scottish Widows Group in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or indirectly from Your use of the Services, or Your supply to any third party of any Information accessed through the Service, or Your Communication of data to Us through the Service or any breach of any of Your obligations under these Terms.
9. Termination of the Service
In the event of any breach by You of any of these Terms, or for any reason whatsoever, We may, at Our entire discretion, terminate or suspend Your use of the Service at any time. Such termination or suspension shall be effected immediately and without further notice to You.
Termination of the Service shall not affect any instructions, requests or transactions already initiated through the Service.
These Terms and Your right to use the Service will automatically terminate in the event of the termination of Your Terms of Business with Us.
10. Amendments to these Terms and Conditions
These Terms may be varied by Scottish Widows from time to time, and any such variation will be notified to You in writing or through the Service.
11. Data Protection
By using this Service You will be deemed to have become an agent of Ours for the purposes of the Data Protection Act 1998 and related subordinate legislation (the "Act"). You may process (as defined in the Act ) personal data supplied to You by Us. You warrant to maintain the security and integrity of that data, and not to make any disclosure of it to any third party whatsoever, without prior reference to and approval from Us. For the avoidance of doubt, You may access only the personal data of policy holders/customers whose contracts with Us were personally introduced by You, and only in respect of those contracts.
You may have the opportunity to communicate personal and/or sensitive data (as defined in the Act) of customers to Us through the Service for the purposes of applying for products or quotes for products. We will process the data for those purposes but may also use it for market research, statistical purposes and the prevention and detection of fraud. The data may be shared with the Scottish Widows Group and Lloyds TSB Group Companies for these purposes and, if necessary, the data may be provided to a reinsurance company who will share the risk of products with Us. Any data relating to the health or lifestyle of the customer is classified as sensitive data under the Act and is required by Us for underwriting purposes. Any sensitive data will be held securely by Us with access limited to those who need to see it.
You hereby warrant, represent and undertake to the Scottish Widows Group that, prior to Communicating a customer's personal and/or sensitive data through the Service, (a) You will fully explain to the customer that their data may be used in the manner specified above and, (b) You will obtain the customer's explicit consent to such use of their data.
12. General Provisions
A failure or delay by either party to enforce any right under these Terms is not an implied waiver of the same or of any other right in the future.
If any provision in these Terms is held or made invalid by a court, statute or rule or otherwise, the remainder of these Terms will not be affected.
These Terms shall be governed by and construed in accordance with the laws of Scotland and the parties hereto submit to the jurisdiction of the Scottish Courts.
