Terms of Use

Terms of Use

1. Definitions
In these Terms of Use the following words and phrases shall bear the following meanings and may be used in the singular or plural as appropriate:
a) "The Company" means Prudential Assurance Company Limited, a company registered in England and Wales and having its registered office at Laurence Pountney Hill, London, EC4R 0HH who and whose Affiliates are hereinafter referred to as "the Company"
b) "Affiliate" shall mean any subsidiary, holding company, or company with a holding company in common as defined in Section 736 of the Companies Act 1985. However, any such subsidiary, or company or other entity, shall be deemed to be an Affiliate for the purposes of this contract only for so long as such ownership exists.
c) "The User" shall mean the person or persons, company or other legal entity who accesses the Service.
d) "The Service" shall mean the provision through an Extranet for the user to perform savings, investment or drawdown portfolio planning for clients.
e) "business day" shall mean any day other than a Saturday, a Sunday or a Public Holiday. Public Holidays include New Year's Day, Good Friday, Easter Monday, May Day, Christmas Day and Boxing Day.
f) "date of receipt" shall mean the business day on which data or information is received by the Company.
g) "Certificate" means a message device by which e-mails and other electronic messages may be encrypted in a manner that
(1) verifies to the recipient of the message the identity of the sender and that the message has not been tampered with or altered without the sender's authorisation,
(2) contains the Prudential Assurance Company Limited Public Key or the Scottish Amicable Life Plc Public Key or the Origo Secure Internet Services Public Key,
(3) specifies the operational period and serial number of the Certificate.

2. Record Maintenance
It is the responsibility of the User to maintain the records of his/her client and all records associated with any savings, investment or drawdown portfolio modelling carried out with the support of the Running Yield Calculator.

3. Advice
The Running Yield Calculator is a tool to help the User determine the running yield for a portfolio of funds specified by User. The running yield displayed in the Running Yield Calculator should be used only as a guide to current distribution rates. When constructing a portfolio, a variety of factors should be taken into account, such as the investment timescale, the asset allocation of the funds and the client's attitude to risk. The running yield is only one of many factors to consider. The User remains entirely responsible for the advice that is finally given to his/her client. Prudential does not accept any responsibility or liability for this advice when it is given nor for any arrangements that are subsequently entered into as a result of using the Running Yield Calculator.

4. Data
The User is supplying to Prudential his/her own data to enable Prudential to provide a service to the User.

5. Acceptance
By accessing the Running Yield Calculator service, the User is taken to have read and accepted the Terms of Use contained herein.
Please ensure you take the time to read all the following important legal information.
This service is intended for use by United Kingdom residents only.

6. Conditions
It is a condition of this contract that the User is authorised by the Financial Services Authority.

7. Use
The Service shall be used only for access to and the exchange of information and data relevant to the User and their clients and shall not be used to provide a data processing service to any third party, except where this is for the purpose of the User's normal business requirements.

8. Ownership
Copyright and all other intellectual property rights in respect of the material contained on and/or generated through the Service are, and shall remain at all times, in the ownership of the Company.

9. Access
The Company shall endeavour to maintain access to the Service on a 24 hour basis. The Company shall not, however, be liable for any losses incurred due to any down time or problems or delays in the provision of the Service.
Access to the Service is controlled through the issue of Certificates by the Company to the User upon registration for the service.
Access to the Service is also available using Certificates issued by Origo Services Limited.

10. Security
The User is responsible for the security and proper use of all personal identification numbers (PINS), Private Keys, Certificates, User ID and passwords used in connection with the Service and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people.
The User must immediately inform the Company if there is any reason to believe that a PIN, Private Key, Certificate, User ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
The Company reserves the right to revoke the User's Certificate if at any time the Company has reasonable grounds to believe that there is or is likely to be a loss or compromise of the User's PIN, Private Key, Certificate, User ID or a password relating to that Certificate.
The User must immediately inform the Company of any changes to the information supplied when enrolling for the Service.
The User agrees to indemnify the Company in respect of any loss, damage, cost or expense incurred by the Company as a result of any person accessing the Running Yield Calculator via use of the User's enrolment information including the Certificate and/or password.

11. Variations
The Company reserves the right to amend, update or alter the Service at their discretion. Should this occur, the amended, updated or altered version of the Service shall become the current release of the Service ("the Current Release"). Only the Current Release may at anytime be used by the User.
The Service has been prepared in accordance with the Company's current understanding of the FSA Rules and current HM Revenue & Customs Legislation and practice. This may however be subject to future variation.

12. Exclusions
The Company has applied care and skill to produce the Service to a professional standard. It has taken all reasonable steps to ensure the information contained within the Running Yield Calculator is accurate, current and complies with the relevant legislation and regulations as at the date of issue. However, the Company cannot guarantee that the Service is free of errors and omissions and so no warranty is given and no representation is made regarding the accuracy or completeness of the Running Yield Calculator. Consequently, the Company does not accept any liability for losses or damages (whether direct, indirect, special, consequential or otherwise), howsoever incurred, arising from the use of the Service. Further, no warranty is given that the Running Yield Calculator shall be available on an uninterrupted basis and no liability can be accepted in respect of losses or damages arising out of such unavailability.
The Company will try to ensure the Prudential Portfolio Planner is virus free however no representation is made as to freedom of viruses from the content of the Running Yield Calculator. The Company cannot however be held liable for any loss or damage caused by the presence of a virus which has not been detected by the virus checking software. The Company therefore recommends the User employs their own virus detection and protection measures when accessing the Running Yield Calculator.
Nothing within the Running Yield Calculator shall be deemed to constitute financial or other professional advice in any way and in choosing to obtain any products and/or services offered by the Company the User should not rely solely on the information contained within the Running Yield Calculator.
The User acknowledges that it is solely responsible for the use to which it puts the Running Yield Calculator and all the results and information it obtains from the Running Yield Calculator and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

13. Assignment
These Terms of Use are personal to and may not be assigned or transferred by the User to any third party without the prior written consent of the Company.

14. Termination of Access
In the event that the User is granted an individualised access code, Certificate or password by the Company to enable them to access various specialised aspects of the Service, the Company reserves the right, with or without notice, with or without cause and within their sole discretion, to withdraw or terminate the use of the individualised access code, Certificate or password and to deny the User access to the specialised aspects of the Service. The Company can suspend or terminate the provision of the Service to the User with or without notice. Upon termination of the Agreement the provisions of Clause 15 (Indemnity) shall continue to apply.

15. Indemnity
The User shall use the Service in accordance with these Terms of Use and shall indemnify and hold harmless the Company from any losses, damages and costs incurred by the Company arising out of or in connection with the use or disclosure of information derived from the Service or as a consequence of any breach of these Terms of Use by the User.

16. Severability
In the event of any term or condition contained herein being held to be void or unenforceable in whole or in part it shall be deemed to be omitted from these Terms of Use and the remaining provisions and conditions shall remain enforceable and valid.

17. Waiver
Failure by the Company to exercise any right or remedy under these Terms of Use shall not constitute a waiver of that right or remedy, and shall not prevent the Company from exercising that right or remedy at any time in the future.

18. Law
Unless otherwise agreed in writing between the parties, these Terms of Use shall be governed by English Law and subject to the exclusive jurisdiction of the English Courts.

19. About Prudential
"Prudential" is a trading name of The Prudential Assurance Company Limited, of Prudential Annuities Limited and of Prudential Retirement Income Limited. This name is also used by other companies within the Prudential marketing group, which between them provide life assurance, pensions, savings and investment products.

20. Copyright
Unless otherwise stated, the copyright and any other rights in all the material on this site are owned by Prudential.

21. Phone Calls
We may monitor or record calls for quality and security purposes.

22. E-mail
There is no guarantee that any e-mail you send will be received by Prudential. The content of any email sent is not guaranteed to remain private during internet transmission.

23. Downloads
Software is downloaded at your own risk. Prudential does not warrant the suitability or stability of any downloaded software and can accept no liability for any problems with or damage to your computer caused as a result of you downloading software via this site. We recommend that should you have any concerns relating to software to be downloaded you should seek specialist advice before proceeding.

How to contact Prudential
We welcome your views about our web site. If you would like to contact us with any queries or comments please send an E-mail to pruadviser.helpdesk@prudential.co.uk.