Terms of Use

1. These Terms

Welcome to this Site. These are the terms and conditions (Terms) which govern your use of the Site. If you provide any personal data to us, we will process this in accordance with our Privacy Notice. Our provision of products and services to you is governed by the terms and conditions that will be provided to you at the start of our engagement. If you are a commercial partner using the Kinvault, our relationship with you will also be governed by separate terms which we will agree with you.

You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or subscribe for email or online services or send us an email.

2. Changes to these Terms

We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.

3. About us and our business

The Site is operated by or on behalf of Kinvault LTD, company number 16283592, and with registered office Bradbrooke House, Almondsbury Business Centre, Bradley Stoke, Bristol, BS32 4QH. You can contact us by emailing us at info@kinvault.com or calling +44(0)117 302 1888.

4. Registration

Access to our email services and to some areas of the Site is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our email services. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time.

5. Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Site, including all content and information on the Site (Content) and all logos, names and trade marks on the Site (Trade Marks). “Content” does not include documents that you upload (or your Advisor uploads on your behalf) to the Site which have not been created by us (User Materials). You must ensure that you have the right to upload, or allow your Advisor to upload, the User Materials to the Site and you grant us a licence to use the User Materials for the purposes of storing these on the Site and allowing you and your Advisor access to the User Materials.

Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Marks) in accordance with paragraph 6 below.

6. Access and use of the Site

You may use the Site for personal non-commercial use only (except if you are an Advisor using the Kinvault as part of the provision of your own services to our mutual customers, in which case you may use the Kinvault for these purposes). You may only download and print extracts of the Content for your own personal non-commercial use (save that this does not prevent you from downloading and printing documents stored in the Kinvault).

Save as set out above, you may not:

1. download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
2. reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
3. modify or adapt or create derivative works of the Content; nor
4. utilise links to this Site received as part of a paid-for media monitoring service; nor
5. systematically forward links to this Site within a business or outside a business for business purposes; nor
6. copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual  process used to systematically extract or copy web content.

Any such use of this website or the content is prohibited without an appropriate licence. Please contact info@kinvault.com if you wish to enquire about such a licence.

At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).

At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Site. To the fullest extent permitted by law, in both cases none of Kinvault’s directors, employees or other representatives have any liability to you  whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, email services or password.

7. Submission of Materials

If you submit User Materials to us, you agree:

1. to allow us to store such User Materials and use such User Materials in a manner as to provide you with the services described on our Site or otherwise agreed with you.
2. to waive any moral rights in the User Materials;
3. that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your User Materials; and
4. that we may monitor your use of the Site and any communications made via the Site.

Submitting User Materials to us, you warrant that any Users Materials you submit:

1. relate to you, and you are legally entitled as beneficiary or account holder or otherwise to represent yourself as the party to which the User Materials relate; and
2. are not obscene, threatening, menacing, offensive, defamatory, abusive, in breach of
   confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violate any applicable law or regulation or code. You shall indemnify us and keep us fully indemnified against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing User Material you submit to us, including consequential losses. and
3. do not contain credentials or passwords for any services, online or otherwise.

8. Data Protection and Privacy

Full details of the way in which we use cookies on the Site and how we hold and process information from which we can identify you or any third party are set out in our Privacy and Cookie Policy.

9. Third party links

The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

10. Exclusions and limitations of liability

All information and/or data on the Site is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

We are not authorised by the Financial Services Authority of England. The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements.

In particular, the information and/or data on the Site:

1. does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise); and
2. does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
3. is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions; and
4. has not been issued or approved by Kinvault for the purposes of section 21 of the Financial Services and Markets Act 2000 (as amended from time to time).

APPROPRIATE EXPERT INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.

Neither we nor any of our data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted. You must agree to hold us harmless with regards to all Content of our Site and any consequences you may suffer directly or indirectly.

11. Indemnity

You will indemnify us and our providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:

1. any breach of these Terms by you; or
2. your fault, negligence or breach of statutory duty; or
3. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.

12. General

Any contractual or legal relationship between us will be concluded in English.

All notices shall be given by e-mail to us at info@kinvault.com or, to you at the e-mail address you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent.

These Terms (together with any additional terms as detailed in section 1, or variations as detailed in section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.

If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

The rights and remedies of ours under these Terms are independent, cumulative and without prejudice to its rights under the law.

These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.