Terms and Conditions of Pruadviser
By accessing the Service, the Subscriber is taken to have read and accepted the Terms and Conditions contained herein.
In these Terms and Conditions 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 Subscriber" 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 and e-mail service of a means of access for the Subscriber to send and obtain information to and from the Company, and/or instruct the Company, in relation to client transactions and the products and services offered by the Company.
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, information or instruction is received by the Company.
g) "Digital Certificate" means a computer file issued by a Certification Authority containing identity information on the holder of the certificate 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 Origo Secure Internet Services Public Key, (3) specifies the operational period and serial number of the Certificate. Prudential issues its own and accepts UNIPASS/Origo issued "Digital Certificates" to validate Advisers using the PruAdviser web site.
h) "Portal Login Access" means an alternative, secure method of accessing the Prudential online services using the login ID for the industry portals. The portal will authenticate and validate that the user is a valid intermediary against their records and pass details of the FSA number and postcode for identification purposes. The user will still have to register on the Prudential web site.
The Company hereby grants to the Subscriber a non-exclusive, non-transferable licence to use the Service and any associated software under the Terms and Conditions.
It is a condition of this contract that the Subscriber represents a company which is authorised by the Financial Services Authority.
The Service shall be used only for access to and the exchange of information relevant to the Subscriber and their clients, and/or for instructing the Company in relation to the client transactions and the products and services offered by the Company to the client, and shall not be used to provide a data processing service to any third party, except where this is for the purpose of the Subscriber's normal business requirements. The Subscriber shall not use the service for the processing, transmission or publication of any statement, data or material which is offensive or libellous, or which infringes the intellectual property rights of the Company or any third party, or infringes a third party's rights in respect of personal data and individual privacy.
6. Time of Execution
Where data is sent to the Company by the Subscriber for the purpose of effecting a date or price sensitive financial services transaction, the following criteria shall apply:
- If the instruction is received by the Company before 5.00 pm on the date of receipt, the unit prices prevailing on that day shall be applied to the transaction.
- If the instruction is received by the Company after 5.00 pm on the date of receipt, the unit prices on the business day immediately following the date of receipt shall be applied to the transaction.
The Subscriber will be advised of any variation specific to a particular service in the above execution time-frames via information displayed on the screen(s) made available to the Subscriber for the purpose of using the particular service.
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.
Other than in fulfilment of obligations or as otherwise contemplated by this agreement, under no circumstances is the Subscriber permitted to publish, re-transmit, re-distribute or otherwise reproduce any of the content which appears on any page of the Extranet in any format to anyone and the Subscriber is prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
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 Subscriber upon registration for the service.
Access to the Service is also available using Certificates issued by Origo Services Limited.
Access to the Service is also available using the Portal Login Access.
9. Enrolment Information
The Subscriber must provide the following information when enrolling for the Service. If any of this information is either not provided by the Subscriber or is not verified or verifiable to the Company's reasonable satisfaction then the Company will refuse to provide the Service to the Subscriber.
For subscribers in receipt of a Certificate issued by Prudential.
- The name and contact details of the individual completing the registration screen.
- The e-mail address to be used as part of the registration process.
- A Prudential Assurance Company Limited agency number as allocated by the Company to the Subscriber.
- The FRN (Firm Reference Number) for the Subscriber or as appropriate for the organisation the Subscriber is employed by must be entered to allow identification of the Subscriber or such organisation.
- The post code for the Subscriber's office or the office the Subscriber normally works from must be entered.
For subscribers in receipt of a Certificate issued by Origo Secure Internet Services:
- The name of the individual completing the registration screen.
- A Prudential Assurance Company Limited agency number, or numbers, as allocated by the Company to the Subscriber.
- The post code for the Subscriber's office or the office the Subscriber normally works from must be entered.
For subscribers using the Portal Login Access:
- a Prudential Assurance Company Limited agency number, or numbers, as allocated by the Company to the Subscriber
The Subscriber 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 Company reserves the right to revoke the Subscriber'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 Subscriber's PIN, Private Key, Certificate, User ID or a password relating to that Certificate.
The Subscriber must immediately inform the Company of any changes to the information supplied when enrolling for the Service.
The Subscriber 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 Extranet via use of the Subscriber's enrolment information including the Certificate and/or password.
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 Subscriber.
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.
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 Extranet 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 Extranet. 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 Extranet 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 Extranet is virus free however no representation is made as to freedom of viruses from the content of the Extranet. 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 Subscriber employs their own virus detection and protection measures when accessing the Extranet.
Nothing within the Extranet 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 Subscriber should not rely solely on the information contained within the Extranet.
The Subscriber acknowledges that it is solely responsible for the use to which it puts the Extranet and all the results and information it obtains from the Extranet 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.
These Terms and Conditions are personal to and may not be assigned or transferred by the Subscriber to any third party without the prior written consent of the Company.
14. Termination of Access
In the event that the Subscriber 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 Subscriber access to the specialised aspects of the Service. The Company can suspend or terminate the provision of the Service to the Subscriber with or without notice. Upon termination of the Agreement the provisions of Clause 15 (Data Protection) and Clause 16 (Indemnity) shall continue to apply.
15. Data Protection
The Subscriber and its employees or agents shall at all times strictly comply with all requirements and obligations of the Data Protection Act 1998 (the "Act"), with regulations made thereunder and any statutory amendments or re-enactments thereof.
In respect of any personal data (as defined in the Act) handled by either party pursuant to these Terms and Conditions, each party warrants to the other that it:-
a) has made all the necessary registrations of its particulars in Accordance with the Act and any regulations made thereunder.
b) shall process the Personal Data strictly in accordance with the other party's instructions from time to time and only in accordance with the terms of this Agreement.
c) shall not disclose the Personal Data to a third party in any circumstances other than at the specific request of the other party.
d) has appropriate operational and technological processes and procedures in place to safeguard against any unauthorised access, loss, destruction, theft, use or disclosure of the Personal Data. Prudential gives security the highest priority. As this is such an important issue, we have implemented an effective encryption system available to protect your communications with us. As you complete a quote request or application form, it is encrypted using Secure Sockets Layer (SSL), to prevent someone else reading your information in transit.
You will see a padlock symbol at the bottom of the screen to confirm that you are in a secure area. Your personal information will be protected on our internal systems with secure firewalls and other measures to prevent unauthorised access.
e) shall not, except in accordance with the terms of this Agreement, add to or interfere with the Personal Data supplied by the other party without first obtaining their prior written consent, and in the event that the Subscriber adds to or interferes with the Personal Data they shall not represent this as supplied by the Company.
f) shall indemnify the other party against any actions and expenses which the other party may incur as a result of any breach of the warranties in 15a) to e) above.
The Subscriber shall use the Service in accordance with these Terms and Conditions 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 and Conditions by the Subscriber.
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 and Conditions and the remaining provisions and conditions shall remain enforceable and valid.
Failure by the Company to exercise any right or remedy under these Terms and Conditions 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.
Unless otherwise agreed in writing between the parties, these Terms and Conditions shall be governed by English Law and subject to the exclusive jurisdiction of the English Courts.
1. The information we collect and how we use it
How We Use Your Personal Data
When you register on our web site we need to know your name, Agency Numbers, E-mail address, Job Title, Employee ID Number, FRN, Postcode and Locality. We* will use your details to allow us to process your registration and confirm your identity. We may contact you to check that you have received this information and to see whether you have any questions about its content.
It may be necessary, for the above purposes, to transfer your information to countries that provide a different level of data protection from the UK. Where this is the case we will ensure your data is kept secure.
We may also use your email address to contact you about servicing and related issues, or to provide you with information about our online services, in case you have chosen to be contacted for marketing purposes on our site earlier.
2. Cookie statement
3. Sale of business
In the event that this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and/or their advisers and will be passed on to the new owners of the business.
4. Updating your details
If any of the information that you have provided to us changes, for example if you change your address, please let us know the correct details by writing to us at Commissions Department, Prudential, Craigforth, Stirling, FK9 4UE.
5. Your consent
6. 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 "email@example.com."
Changes to this privacy notice
We keep our privacy notice under regular review. This privacy notice was last updated May 2012.